The Supreme Court issued notice on a plea filed by the Supreme Court Bar Association (SCBA), seeking the establishment of binding guidelines to protect the privacy, dignity, bodily autonomy, and health of women in workplaces and educational institutions during menstruation or related gynaecological conditions. The Court emphasised the importance of creating a framework that prevents humiliation or undue pressure on women, especially in professional and institutional settings.

The petition was prompted by reports from Maharshi Dayanand University in Haryana, where women sanitation workers were allegedly subjected to degrading checks to verify menstruation. The complaint highlighted that the workers were asked to work at an accelerated pace despite being unwell and were allegedly compelled to provide photographic evidence of their sanitary pads under verbal threats.

The petition also cited similar incidents across other states, including a private school in Maharashtra, where girls were reportedly shown images of blood stains in toilets and then subjected to checks for menstruation. These instances, according to the SCBA, reflect a systemic issue violating women’s rights and human dignity.

SCBA President Vikas Singh contended that such practices are intolerable and highlighted the need for national guidelines to ensure respectful treatment. He urged the Court to frame protocols akin to the Vishaka Guidelines, including awareness programmes and institutional mechanisms to safeguard women employees and students during menstruation.

Whereas, the State of Haryana, through its Standing Counsel, informed the Court that an inquiry had been initiated. Action was taken against two contractual supervisors responsible for the incident, and disciplinary proceedings were referred to the recruitment agency. The SC/ST (Prevention of Atrocities) Act was invoked against the accused.

A Bench comprising Justice B.V. Nagarathna and Justice R. Mahadevan acknowledged the SCBA’s initiative, noting the seriousness of the issue. Justice Nagarathna remarked that if a woman worker was unable to perform heavy tasks due to menstruation, alternatives could have been arranged rather than subjecting her to humiliation. She observed, “If someone is saying that because of this reason heavy work could not be done, it could have been accepted and some other persons could have been deployed.”

The Court also referenced ongoing discussions in Karnataka regarding period leave, cautioning against the need for proof of menstruation to avail such leave. The Bench stressed that such conduct exposes problematic mindsets and called for a systemic solution to protect women from indignity and coercion.

The Apex Court issued notice to the Union of India and the State of Haryana and listed the matter for further hearing next week. The petition seeks the creation of nationwide guidelines ensuring safe, dignified, and respectful treatment of women in workplaces and educational institutions, particularly during menstruation or related health conditions.

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Siddharth Raghuvanshi