On 30 January 2026, the Supreme Court of India in Dr. Jaya Thakur v. Government of India and Ors. recognised menstrual health as a constitutionally protected right under the Indian Constitution. This judgment is significant as it marks the first such concrete effort by the Supreme Court towards a constitutionally rooted rights-based approach towards menstrual health This piece analyses the judgment and argues that the strength of the Supreme Court’s approach lies in its dee

The Architecture of Erasure To capture the imagination which the Act sets to project, it is our duty, then, to take time and ask ourselves what the nature of the polity it imagines would be. The Act provides a state that is inherently devoted to legibility. It assumes that citizens should be made intelligible to the state and, in a sense that is defined by the conceptual frame of the state; otherwise, they are not even recognized. This suggestion soaks in the bitter heritage

Introduction Traditionally, anti-discrimination law has relied on a complaints-led model to redress discrimination. This model requires the victim to identify an act of discrimination and take it to an adjudicatory body to attract a compensatory remedy. On the other hand, a competing emergent model for remedies is that of positive duties on the state to redress discrimination. Positive duties are proactive rather than reactive, aiming to identify and redress unlawful discrim