Degrading Menstruation Checks: SCBA Moves SC Seeking National Guidelines to Protect Dignity & Privacy of Women

The petition, filed in public interest, cites recent and past instances of women and girls being subjected to invasive and humiliating “menstruation checks” in workplaces and educational institutions across India. The SCBA through AoR Pragya Baghel has urged the Court to frame guidelines to protect the fundamental rights of women under Articles 14, 19 and 21 of the Constitution.

The immediate trigger for the petition, according to the Bar body, was a “disturbing” incident that occurred on October 26, 2025, at Maharshi Dayanand University in Rohtak, Haryana. Three female sanitation workers were allegedly forced by their supervisors to provide photographic proof of menstruation after they reported being physically unwell. The incident reportedly took place when the workers were called in for duty on a Sunday, coinciding with the visit of the Haryana Governor.

In their written complaint to the University Registrar, the workers alleged that they were verbally abused, humiliated, and pressured until they were compelled to take photographs of their sanitary pads in the washroom to prove their condition.

Describing the incident as “grossly violative” of the right to dignity and privacy, the SCBA said it reflected a disturbing pattern of institutionalised misogyny and ignorance surrounding women’s health. The petition points out that the incident is not isolated but part of a continuing pattern of intrusive and degrading practices.

The Bar Association cited several similar incidents reported across India over the years:

1. In a 2017 case from Uttar Pradesh, 70 girls aged around 10 were stripped naked at a residential school to check for menstrual blood.

2. In 2020, 68 students of a Gujarat college were forced to remove their underwear during a “menstruation check”.

3. That same year, dozens of trainee clerks in Surat were allegedly subjected to mandatory gynaecological tests to prove their fitness for work.

4. Most recently, in July 2025, a private school in Maharashtra’s Thane district reportedly made girls from classes 5 to 10 undergo physical checks after showing photographs of menstrual stains on a projector screen.

“These repeated incidents amount to a grave breach of women’s bodily autonomy and the right to live with dignity,” the petition states.

Relying on landmark constitutional rulings, the SCBA has argued that bodily privacy and autonomy are integral to Article 21. The petition references K.S. Puttaswamy v. Union of India (2017), which affirmed privacy as a fundamental right; Suchita Srivastava v. Chandigarh Administration (2009), which recognised a woman’s right to make reproductive choices; and Vishaka v. State of Rajasthan (1997), which established the right to a safe working environment. It also cites Rape and Murder of Trainee Doctor in Kolkata, In Re (2024), where the Court emphasised that patriarchal attitudes at workplaces endanger women’s equality and safety.

The SCBA, which described its petition as a continuation of its long-standing commitment to constitutional values and protection of fundamental rights, urged the apex court to direct the Union of India and the State of Haryana to conduct a detailed inquiry into the Rohtak incident. Further, the Association has sought the framing of comprehensive national guidelines to ensure that women’s health, dignity, and privacy are respected across workplaces, schools, and universities, particularly during menstruation or related medical conditions.

The petition underscores that “women workers, especially those in unorganised sectors, must be provided decent working conditions that respect their biological realities instead of subjecting them to humiliation or intrusive scrutiny.” Conclusively, the SCBA has requested that the Supreme Court use its constitutional authority to reaffirm that respect for women’s dignity and bodily autonomy is not just a matter of morality, but a constitutional imperative.