Menstruation Privacy Case – Supreme Court Notice to Centre (MDU, Haryana)

📰 What Happened?

• Female sanitation workers at Maharishi Dayanand University (MDU), Haryana

• We were allegedly asked to provide photographic proof of menstruation

• SC took serious note and issued notice to the Centre & State

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🔹 Supreme Court Observations

• Reflects a regressive mindset about menstruation

• Justice Nagarathna:

  “If these women cannot do heavy work, someone else could be deployed”

• Mentioned period leave policies in some States (e.g. Karnataka)

• Matter posted for December 15 hearing

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🔹 Legal Issues Involved

Constitutional Rights Violated	Articles
Dignity, Privacy, Autonomy	Art. 21
Equality, Non-discrimination	Art. 14 & 15
Protection against harassment in the workplace	Linked to the POSH Act
Right to healthy working conditions	Art. 42 (Directive Principle)

➡️ Could amount to sexual harassment under the POSH Act, 2013

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🔹 Actions Taken

Authority	Action
Police	FIR + sexual harassment charges (3 accused)
University	2 supervisors suspended, internal probe initiated
SCBA	Called it a gross criminal case
SC	Sought guidelines & detailed inquiry

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🔹 What the Petition Seeks

1. Directions to Centre & Haryana for detailed investigation

2. National-level guidelines to protect:

   • Right to health

   • Right to dignity

   • Bodily autonomy

   • Privacy during menstruation

3. Protection from exploitation of women sanitation workers

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🔍 Structural Issues Highlighted

• Stigma & taboos around menstrual health

• Disproportionate impact on the informal women workforce

• Lack of:

  • Sanitation facilities

  • Gender-sensitive workplace norms

• Intersection of gender + caste + occupational vulnerability

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🧠 Ethics & Governance Perspective (GS-IV)

• Violation of human dignity

• Abuse of authority and power dynamics

• Duty of state institutions to ensure a safe & respectful work environment

• Gender sensitivity = core of ethical public administration

Value-add for answers:

“Menstruation is a biological function — not a ground for humiliation.”

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🔹 Practice Questions for UPSC

Prelims (MCQ)

Which of the following rights are primarily violated in the MDU menstruation privacy case?

1. Article 14

2. Article 19(1)(a)

3. Article 21

4. Article 42

Correct Answer: 1, 3, and 4

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Mains (10 marks)

Q. “Workplace treatment of menstruating women in India continues to reflect deep-rooted stigma and gender discrimination.” Discuss in the context of recent Supreme Court concerns.

Pointers:

• Introduce SC case + Period taboos

• Link to dignity, privacy, POSH Act

• Need for menstrual hygiene policies, training, and grievance redressal

• Conclude with a rights-based approach