‘Mindset Is Shocking’: SC Issues Notice on SCBA's Plea Alleging Menstruation Verification of Women Workers

Supreme Court issued notice on SCBA’s plea seeking nationwide guidelines after women sanitation workers in Haryana were allegedly subjected to degrading menstruation checks

Update: 2025-11-28 08:44 GMT

SC Steps In After Women Forced Into Period Checks; SCBA Seeks Binding National Norms

The Supreme Court on Friday issued notice on a petition filed by the Supreme Court Bar Association (SCBA) seeking binding, nationwide guidelines to protect the privacy, dignity, bodily autonomy and health of women who are menstruating or facing gynaecological issues at workplaces and educational institutions.

The SCBA moved the Court after disturbing reports surfaced from Maharshi Dayanand University in Haryana, where women sanitation workers were allegedly subjected to humiliating physical checks to determine whether they were on their periods.

The Bench of Justice BV Nagarathna and Justice R Mahadevan commended the SCBA for taking up the issue. Justice Nagarathna observed that if a worker was unable to perform heavy tasks due to menstruation, the employer should have simply assigned someone else.

“If someone is saying that because of this reason heavy work could not be done, it could have been accepted and some other person could have been deployed. We hope something good will happen with this petition,” she said.

During the hearing, SCBA President, Senior Advocate Vikas Singh told the Court that similar incidents had been reported in other States as well. “This can’t be tolerated. Let them respond… I am also thinking of what guidelines can be adopted for the entire country. This is a very serious issue and it is such a subject which nobody wants to talk about,” he submitted.

Justice Nagarathna noted, “This just shows the mindset of these people,” adding that she had read reports of Karnataka considering a monthly period leave policy. “Now I was just thinking, will they ask to prove that you are on period to take the leave?” she remarked.

The State of Haryana informed the Court that an inquiry had been initiated and action taken against two persons involved in the incident, including the Assistant Registrar who headed the administration. The two supervisors, appointed on a contractual basis through an agency, have been referred to the agency for termination of their contracts, and the SC/ST (Prevention of Atrocities) Act has been invoked.

The Court issued notices to the Union of India and the State of Haryana and listed the matter for further consideration next week.

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.

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

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.

Case Title: Supreme Court Bar Association v. Union of India & Anr.

Hearing Date: November 28, 2025

Bench: Justice BV Nagarathna and Justice R Mahadevan

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