India’s Supreme Court Bar Association Seeks Urgent National Guidelines to Protect Menstrual Dignity and Privacy

Spread the Message

Read Time:4 Minute, 39 Second

In a significant move on November 11, 2025, the Supreme Court Bar Association (SCBA) filed a petition before the Supreme Court of India, urging immediate intervention to address ongoing violations of menstrual dignity and privacy faced by women and girls across workplaces and educational institutions. This legal action follows alarming reports, most recently at Maharshi Dayanand University in Rohtak, Haryana, where three female sanitation workers were allegedly coerced into sending photographs of their sanitary pads to prove they were menstruating after being called to work despite feeling unwell.

Key Developments and Petition Highlights

The SCBA’s plea, submitted by Advocate Pragya Baghel, outlines not just the Rohtak case but a disturbing national pattern including:

A 2017 incident in Uttar Pradesh involving 70 schoolgirls stripped to check for menstruation.
A widely publicized 2020 case in Gujarat, where female students were forced to remove their underwear for inspection.
A recent 2025 incident in Maharashtra with forced physical checks and photo screenings by school authorities.

The petition frames these actions as “gross violations” of constitutional rights to dignity, privacy, and bodily autonomy under Article 21, citing landmark Supreme Court judgments (such as K.S. Puttaswamy v. Union of India, 2017 and Vishaka v. State of Rajasthan, 1997) to anchor menstrual dignity as a fundamental human right. The SCBA calls for binding protocols and national guidelines—mirroring the transformative ‘Vishaka Guidelines’ for sexual harassment—to ensure women’s rights are protected universally in institutional settings.

Extensive research has established that period shaming and intrusive checks can inflict lasting physical, mental, and educational harm:

Psychological distress and diminished self-esteem are commonly reported among girls subjected to menstrual stigma or shame.
Period-related humiliation can drive adolescent girls to miss school, drop out, or withdraw socially, with nearly 23% of girls in India discontinuing education after menarche according to multiple surveys.
Workplace stigma contributes to presenteeism, economic disadvantage, and inadequate support for those experiencing dysmenorrhea (painful periods), shown to impact at least 17% of working women regularly.

“Menstrual shame is more than discomfort; it can shape life outcomes, reinforcing social exclusion and limiting women’s participation in society,” notes Dr. Ritu Sethi, a gynecologist at Fortis Healthcare, who was not involved in the SCBA case.

Current Policies and Expert Consensus

India has some menstrual health and hygiene initiatives—such as the Ministry of Health’s operational guidelines for schools and rural settings—focusing on sanitary product access and education. Yet, explicit protections for privacy and dignity remain limited to fragmented institutional measures, and enforcement remains inconsistent.

The World Health Organization (WHO) and global experts emphasize that menstrual health should be recognized as a human rights issue—on par with any health or workplace need—not just a hygiene or product concern. “Without privacy, respect, and bodily autonomy, health interventions are incomplete,” says Dr. Sneha Shah, a public health adviser at the World Bank.

Employers are also being urged to address menstrual health proactively—including access to flexible leave, product availability, and confidential support pathways at work. Cherie Hoeger, CEO of Saalt, notes, “Destigmatizing menstruation at work improves well-being, productivity, and gender inclusion—benefits that extend to society at large”.

Broader Societal Context

The stigma around menstruation in India is deeply rooted. According to the United Nations Population Fund (UNFPA), beliefs around ‘uncleanliness’ or secrecy can translate into discriminatory practices, social isolation, and untreated health problems. In some communities, traditions still bar menstruating women from kitchens, temples, or family activities, echoing the need for awareness campaigns and structural change.

Initiatives like Menstrual Hygiene Day and grassroots campaigns are challenging these taboos, but public health authorities warn that legal safeguards and national guidelines are essential for sustained impact.

Study Limitations and Diverging Viewpoints

While the SCBA’s petition has drawn broad support from civil and women’s rights organizations, some critics caution against “one-size-fits-all” policies, pointing to the diversity of workplace environments and cultural sensitivities across India. Furthermore, experts highlight a scarcity of longitudinal studies documenting the direct impact of such policies on women’s mental health and economic outcomes.

Implications for Public Health and Daily Life

If adopted, national menstrual dignity guidelines could have far-reaching effects:

Clear legal standards barring invasive checks or shaming at work or school.
Greater respect for person-first experience—acknowledging biology while protecting autonomy.
A climate of openness that allows girls and women to seek medical help for period pain without fear.
Policies that encourage employers and educational institutions to implement supportive, non-stigmatizing practices, such as access to products and flexible attendance.

“An evidence-based, rights-respecting approach is not just humane, it’s smart policy—ensuring girls stay in school, women flourish at work, and everyone benefits from a healthier, more equitable society,” summarizes Dr. Shah.

Medical Disclaimer:
This article is for informational purposes only and should not be considered medical advice. Always consult with qualified healthcare professionals before making any health-related decisions or changes to your treatment plan. The information presented here is based on current research and expert opinions, which may evolve as new evidence emerges.