The Supreme Court Bar Association (SCBA) has filed a writ petition before the Supreme Court seeking urgent intervention and framing of national guidelines to protect women’s dignity and privacy at workplaces and educational institutions. The plea follows shocking reports that women sanitation workers at Maharshi Dayanand University (MDU), Haryana, were allegedly subjected to humiliating “menstrual checks” by their supervisors.
The petition seeks directions to the Union Government and the State of Haryana to conduct a detailed inquiry into the incident and ensure accountability for the reported violation of fundamental rights guaranteed under Article 21 of the Constitution, including the right to life, dignity, bodily autonomy, and privacy.
According to the petition, the incident occurred on October 26, when three women sanitation workers were called to duty on a Sunday due to the scheduled visit of the Haryana Governor. Despite being unwell and menstruating, the workers were allegedly forced to continue working and were asked to prove their condition by the supervising staff.
The complaint submitted by the workers to the University Registrar stated that the supervisors demanded photographic proof and allegedly asked them to send pictures of their sanitary pads. The women were reportedly verbally abused, humiliated, and coerced until they complied.
Describing the act as “dehumanising and unconstitutional,” the SCBA said the incident reflects a systemic failure to ensure safe and respectful conditions for women, especially those in unorganised or lower-wage sectors.
The petition highlighted that such incidents are not isolated. Referring to a recent report from Maharashtra, it cited the case of schoolgirls in Thane who were allegedly made to undergo menstruation checks after teachers displayed images of bloodstains on school premises.
The plea argued that forcing women to prove their menstrual status amounts to a gross violation of their dignity and bodily privacy, protected under Article 21 of the Constitution. It emphasised that women workers are entitled to humane working conditions that recognise biological differences without subjecting them to indignity or intrusion.
The petition draws strength from several landmark judgments that have shaped constitutional jurisprudence in India. It references K.S. Puttaswamy v. Union of India, which recognized the right to privacy as a fundamental right, forming the bedrock of individual autonomy and dignity.
It further cites Suchita Srivastava v. Chandigarh Administration, where the Supreme Court upheld the principle of bodily autonomy as an essential facet of personal liberty. Additionally, the petition relies on Vishaka v. State of Rajasthan, which laid down guidelines to ensure safe and dignified workplaces for women, emphasizing gender justice and protection against sexual harassment.
The petition also draws upon the Supreme Court’s 2024 ruling in Rape and Murder of Trainee Doctor in Kolkata, In Re, wherein the Court observed that patriarchal attitudes and gender bias continue to endanger women’s safety and equality in professional environments.
The SCBA has urged the Apex Court to evolve binding “Menstrual Dignity Guidelines,” similar to the Vishaka Guidelines, to protect women’s rights during menstruation and related gynaecological conditions. It further seeks the introduction of mandatory workplace protocols, awareness drives, and institutional mechanisms to prevent such violations in the future.
The petition has been drawn by Advocates Sadhana Madhavan and Karishma Maria, settled by Senior Advocate Aparna Bhat, and filed through Advocate-on-Record Pragya Baghel.
Picture Source :
