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POLICY REVIEW
LEGAL AND POLICY for women deserve special culturally appropriate,
FRAMEWORK: attention. secure, hygienic, physically
GENDERED PERSPECTIVE accessible, and affordable, as
TOWARDS SANITATION Gender equality is well as providing privacy and
a fundamental right dignity. Right to sanitation
Individuals’ wellbeing and guaranteed by the Indian being a constitutional
hygiene requirements are Constitution. Articles 14 right cast a duty upon the
gendered due to variations and 15 of the Constitution
in biological bodies as well as of India ban various types government to make policies
and schemes to provide
the conventions, perceptions, of discrimination, including facilities to everyone.
and taboos that affect discrimination based on
them. Women have special gender. The idea of equality The foremost attempt
sanitation and hygiene as envisioned in the Indian at securing the basics of
standards that are related Constitution goes beyond sanitation was brought up
to their menstrual cycle and formal equality and it is in an interesting decision
reproductive system. Women a constitutional goal to by the Supreme Court
are often compelled by social transform the Indian society in Environmental and
and cultural conventions to into a place that is free from Consumer Protect Fund v. Delhi
demand protection while all forms of discrimination, Administration & Ors., where
performing their bodily oppression and violence based it ordered all government
functions. These needs are on caste, class and gender. The schools to ensure separate
scarcely met, resulting in a Indian Constitution under washrooms for girls were
slew of sanitation-related Article 15(4), recognises built to improve sanitation.
problems and vulnerabilities. positive discrimination and Asserting the importance of
If we are to realise the right empowers the government to the same, the Court made the
to sanitation, we must make make special arrangements following observation:
legislation and programming for the upliftment and
changes. advancement of women to do “Empirical researches
equity to them and provide indicated that wherever
The aspects of gendered them equal opportunity in all toilet facilities are not
perspective to right to health spheres. provided in schools, parents
and sanitation have been do not send their children
given due consideration in the Personal hygiene, household (particularly girls) to school
Convention on Elimination of sanitation, drinking water, which is violative of the
all forms of Discrimination waste collection, waste right to free and compulsory
Against Women (CEDAW), management systems, and education of children as
1979 under its General so on are all included in guaranteed under Article
Recommendations. the definition of the right 21-A of the Constitution.”
to sanitation. In terms of
Furthermore, CEDAW As per this pronouncement,
General Recommendation human rights, sanitation disobedience by government
refers to a method for storing,
No. 24, under point 6 states distributing, handling, schools in providing toilets
that the biological differences disposing, or reusing human for female and male students
between men and women lead excreta, as well as related will now translate into a
to differences in their health violation of the Right to Life of
and sanitation requirements. hygiene. Everyone has the children and is subject to
the right to safe sanitation
Hence, the sanitation facilities direct scrutiny by the Courts.
facilities, socially and
October 2021 Volume 22 No. 2 - SHELTER 61
