Supreme Court Examines Nationwide Guidelines to End Menstrual “Checks” at Workplaces and Schools

The Supreme Court of India has taken note of disturbing practices in workplaces and educational institutions where women and girls are subjected to invasive scrutiny regarding menstruation. On Friday, the apex court indicated that it would consider framing nationwide norms to prevent such practices, emphasizing the need to uphold the dignity, privacy, and bodily integrity of individuals.

The case arose from a petition filed by the Supreme Court Bar Association (SCBA), prompted by a shocking incident in Haryana last month. Three sanitation workers at Maharshi Dayanand University, Rohtak, reportedly were asked to provide photographs of their sanitary pads as proof of menstruation after they complained of menstrual sickness. Senior Justices BV Nagarathna and R Mahadevan, hearing the case, expressed their dismay over the incident, stating that it reflected an insensitive and outdated mindset. The bench issued notices to both the Centre and the Haryana government, and scheduled further hearings for December 15.

The court noted that such an incident could have been prevented if supervisors had acted with sensitivity. The bench observed, “If someone says that because of this reason, heavy work could not be done, it could have been accepted and some other persons may have been deployed to carry out the work.” The judges highlighted the responsibility of institutions to accommodate menstrual health concerns without compromising the dignity of women employees.

Senior advocate Vikas Singh, representing the SCBA along with vice president Rahul Kaushik and secretary Pragya Baghel, emphasized that the Haryana incident was not isolated. The petition cited another case from a school in Thane, Maharashtra, in July this year, where girls from Classes 5 to 10 were taken to toilets and checked by female attendants to confirm menstruation after blood stains were noticed. These instances, the petition argued, violate the fundamental rights of women and girls, particularly their right to life, dignity, privacy, and bodily integrity under Article 21 of the Indian Constitution.

The SCBA petition proposed the establishment of guidelines to prevent invasive menstrual checks in institutional settings. Singh noted that inputs for the guidelines were prepared with the assistance of several women lawyers, including senior advocates Aparna Bhat, Anitha Shenoy, and Anindita Pujari, who collectively motivated the SCBA to bring the matter before the Supreme Court.

During the proceedings, the bench recognized that some states have already shown sensitivity toward menstrual health. The court highlighted Karnataka’s proposal to provide women workers with one day of “period leave” every month as a progressive measure that could serve as a model for other states and institutions. The justices praised the SCBA for raising awareness of this issue and taking proactive steps to protect women’s rights.

The Haryana government, represented by state Additional Advocate General Lokesh Singhal, informed the court about actions taken in response to the Rohtak incident. Following complaints from the three sanitation workers, an inquiry was initiated, and disciplinary action was taken against two supervisors and the Assistant Registrar, who served as the administrative head of the university. The government further stated that action under the SC/ST (Prevention of Atrocities) Act had been initiated, and the contracting company that employed the supervisors was directed to terminate their services.

The three women had submitted a written complaint detailing verbal abuse and humiliation by the supervisors, who forced them to take photographs in the washroom. The case highlighted systemic issues in workplace environments, where menstrual health is often stigmatized and treated as grounds for scrutiny rather than understanding.

The Supreme Court’s intervention is significant, as it may lead to formal regulations ensuring that workplaces, schools, and other institutions respect the menstrual rights of women and girls. Experts say such guidelines could include provisions for period leave, accommodations for menstrual discomfort, and strict prohibitions against invasive verification or humiliating practices. The SCBA has suggested that these measures be standardized nationwide, so that incidents like those in Haryana and Thane do not recur.

The court’s emphasis on dignity and privacy signals a broader recognition of menstrual health as a critical component of women’s rights. Advocates argue that ensuring respectful treatment during menstruation is not only a matter of health and comfort but also central to upholding constitutional protections against discrimination and abuse.

The SCBA petition and the Supreme Court’s response mark an important step toward addressing long-standing taboos and institutional insensitivity around menstruation. By potentially instituting nationwide guidelines, the court aims to create safer, more respectful environments for women and girls, ensuring that workplaces and educational institutions are held accountable for the humane treatment of all individuals.

The matter will continue to be heard on December 15, when the court is expected to consider the SCBA’s suggested guidelines and hear inputs from the Centre and state authorities on implementing measures to protect women from menstrual discrimination and invasive scrutiny.

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