Supreme Court Intervenes in Menstrual Dignity Case
The Supreme Court of India has taken a significant step toward protecting women's rights by deciding to examine the framing of comprehensive guidelines to ensure that the right to health, dignity, bodily autonomy and privacy of women and girls is not violated during menstruation. This decision comes in response to a disturbing incident at Maharshi Dayanand University in Haryana where three women sanitation workers were compelled to send photographs of their sanitary pads to prove they were menstruating.
Judicial Concern Over Degrading Practices
A bench comprising Justices B V Nagarathna and R Mahadevan expressed deep concern over the rising incidents of 'period-shaming' in both educational institutions and workplaces across the country. The court observed that such practices reflect poorly on societal mentality and require immediate judicial intervention.
The Supreme Court has officially issued notices to the Centre and relevant ministries following a petition filed by the Supreme Court Bar Association (SCBA). The legal body brought to the court's attention that the Haryana incident was not isolated and that similar cases have been reported from various parts of India.
Legal Petition Highlights Constitutional Violations
SCBA president Vikas Singh, along with office bearers Aparna Bhat and Pragya Baghel, presented compelling arguments before the court. They emphasized the urgent need for nationwide enforceable guidelines that would foster dignity, workplace inclusivity, and uphold women's fundamental right to health.
In their petition, the SCBA stated: "These incidents of women and girls being subjected to invasive and degrading checks in various institutional settings to check whether they are menstruating is in gross violation of their right to life, dignity, privacy and bodily integrity under Article 21 of the Constitution."
The legal body further argued that women workers, particularly those in unorganized sectors, deserve decent working conditions that respect their biological differences. They stressed the importance of making adequate concessions so that women are not subjected to humiliating checks while experiencing menstruation-related pain and discomfort.
Court's Practical Approach and Government Response
During the hearing, the Supreme Court bench suggested practical solutions, noting that if a woman worker cannot perform heavy tasks due to menstruation, employers could assign alternative duties. "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 bench observed.
The court appreciated the SCBA for bringing this critical issue to judicial notice and expressed hope that the petition would lead to positive outcomes for women across the country.
Meanwhile, the Haryana government informed the court that an inquiry has been initiated into the university incident and action has been taken against two individuals found responsible for the degrading practice.
This case represents a landmark moment in India's ongoing struggle for gender equality and could potentially establish crucial legal protections for millions of women and girls facing similar violations of their fundamental rights.
