Menstruation Proof Case at MDU, Haryana (Supreme Court Notice)

 

Menstruation Proof Case at MDU, Haryana (Supreme Court Notice)

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1️⃣ DETAILED BOOKLET VERSION (for mains/essay)

1. Issue in News

• Allegation: Female sanitation workers at Maharshi Dayanand University (MDU), Haryana) were allegedly asked to prove they were menstruating by sending pictures.

• Supreme Court took cognisance and issued notice to the Centre, Haryana Govt, and others on a petition filed by the Supreme Court Bar Association (SCBA).

• Hearing listed for December 15.

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2. Key Facts of the Case

• Women sanitation workers are allegedly forced to submit photographic “proof” of their periods.

• FIR: Three persons connected with MDU booked for sexual harassment (31 October).

• University action:

  • Two supervisors suspended.

  • Internal inquiry ordered.

• SC Bench: Justices B.V. Nagarathna & R. Mahadevan.

• SC remarks:

  • “This reflects the mindset.”

  • Refers to period leave practice (e.g., Karnataka) and says: “Will they now ask for proof for granting leave?”

  • Points out that if workers can’t do heavy work, others can be deployed instead of humiliating them.

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3. Constitutional & Legal Dimensions

(a) Fundamental Rights Involved

• Article 14 – Equality before the law

• Article 15 – Prohibition of discrimination on grounds of sex

• Article 21 – Right to life with dignity, privacy, bodily autonomy

  • Forcing women to “prove” menstruation = violation of dignity, privacy, and bodily integrity.

(b) Relevant Laws & Policies

• POSH Act, 2013 (Sexual Harassment of Women at Workplace):

  • Unwelcome acts with sexual overtones, humiliation, and harassment at the workplace.

• Labour & health-related protections:

  • Right to safe and humane working conditions (linked to DPSPs like Article 42 – just and humane conditions of work).

• Right to Health – read into Art. 21 by SC in various judgments.

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4. Core Issues Highlighted

1. Menstruation Stigma & Taboo

   • Treating periods as something suspicious or shameful.

   • Lack of sensitisation among supervisors and officials.

2. Violation of Bodily Autonomy & Privacy

   • Demanding photographic proof interferes with:

     • Personal bodily space

     • Mental health

     • Sense of dignity

3. Power Imbalance & Vulnerable Workers

   • Sanitation workers → often poor, informal, socially marginalised (caste + gender).

   • Fear of job loss → less likely to complain.

4. Workplace Gender Justice Deficit

   • Lack of:

     • Gender-sensitive training

     • Clear SOPs for leave, medical conditions

     • Functional grievance redressal mechanisms.

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5. Reliefs & Directions Sought in the Plea

• A detailed inquiry into the incident by the Centre and the Haryana Government.

• Guidelines to ensure:

  • Protection of health, dignity, bodily autonomy, and privacy of menstruating women and girls.

  • Prevention of such practices nationally, not just in this one case.

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6. Larger Significance

(a) For Women’s Rights

• Pushes the conversation from “sanitary pads only” to privacy, dignity, rights-based framework.

• Connects menstrual health with workplace rights and human rights.

(b) For Governance & Institutions

• Highlights the need for:

  • Gender-sensitisation in universities, government offices, and contractors.

  • Stronger enforcement of POSH and labour protections in outsourced/contract-based work.

  • Monitoring of sanitation work conditions (often ignored).

(c) For Jurisprudence

• SC may:

  • Lay down guidelines on handling menstruation-related issues at the workplace.

  • Further strengthen the link between privacy (Puttaswamy judgment) and women’s bodily autonomy.

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7. Way Forward – Points for Mains Answers

1. Policy & Guidelines

   • National / State-level guidelines on:

     • Menstrual hygiene at the workplace

     • Privacy norms (no intrusive proof)

     • Clear leave and light-duty policies.

2. Institutional Mechanisms

   • Active Internal Complaints Committees (ICCs) under the POSH Act.

   • Independent oversight for sanitation/contract workers.

3. Awareness & Sensitisation

   • Mandatory gender and menstrual health training for all supervisors.

   • Integration in university and government HR policies.

4. Infrastructure

   • Clean toilets, disposal facilities, and restrooms for women workers.

   • Access to sanitary products, especially for low-income women workers.

5. Changing Mindset

   • Menstruation is treated as a normal biological process, not a reason for humiliation.

   • Use of media, schools, and workplaces to fight stigma.

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8. UPSC Answer Framework

(a) Possible GS-II Question (10/15 marks)

“The Maharshi Dayanand University menstruation proof incident illustrates how deeply rooted menstrual stigma intersects with workplace discrimination in India.” Discuss with reference to constitutional rights and needed reforms.

Intro (2–3 lines)

• Briefly mention the SC notice + humiliation of women workers.

Body – Organise as:

1. Rights Violated

   • Art. 14, 15, 21; POSH Act; dignity, privacy.

2. Nature of Discrimination

   • Gender-based, caste-class angle of sanitation workers.

3. Structural Problems

   • Informal work, lack of grievance systems, and insensitivity.

4. Needed Reforms

   • Guidelines, training, menstrual policies, and institutional accountability.

Conclusion

• Emphasise that true gender justice requires recognising menstruation as a health and dignity issue, not a basis for control or humiliation.

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2️⃣ QUICK REVISION VERSION (for last-minute notes)

📝 Topic 1: MDU Menstruation Proof Case – SC Notice

• In News:
  Female sanitation workers at Maharshi Dayanand University (Haryana) allegedly asked to prove menstruation via photos → SC issues notice to Centre & Haryana.

• Key Facts

  • Nearly 3 accused booked for sexual harassment.

  • 2 supervisors suspended; internal probe ordered.

  • Bench: Justices B.V. Nagarathna & R. Mahadevan.

  • Next hearing: Dec 15.

• Rights Involved

  • Art. 14 – Equality

  • Art. 15 – No discrimination on sex

  • Art. 21 – Dignity, privacy, bodily autonomy

  • Art. 42 (DPSP) – Humane work conditions

  • POSH Act, 2013 – Protection from sexual harassment at workplace.

• Core Issues

  • Menstruation stigma + humiliation

  • Violation of bodily privacy

  • Vulnerable women workers (sanitation, often marginalised)

  • Abuse of power by supervisors

• Petition Asks

  • Detailed inquiry into incident

  • National guidelines to protect menstruating women’s:

    • Health

    • Dignity

    • Autonomy

    • Privacy

• Why Important for UPSC

  • GS-II: Fundamental Rights, Women's Rights, POSH

  • GS-I: Women's Issues, social stigma

  • GS-IV: Human dignity, empathy, duty of public functionaries

• Value-add line (remember this):

  “Treating menstruation as something to be ‘proven’ converts a natural biological process into a tool of control and humiliation.”