SC issues notice to Centre, Haryana on petition demanding probe into proof of periods asked from women workers at MDU

The Supreme Court on Friday issued notices to the Centre, the Haryana Government and others on a petition seeking a probe into allegations that female sanitation workers at the Maharshi Dayanand University (MDU) in Haryana were asked to prove through pictures of their private parts that they were menstruating.

"This shows the mentality of the persons (involved). If some heavy work could not be done because of their absence somebody else could have been deployed. We hope something good will happen in this petition," a Bench of Justice BV Nagarathna and Justice R Mahadevan observed, while asking the Centre, the Haryana Government and other respondents to file their replies to the petition filed by the Supreme Court Bar Association (SCBA).

"This reflects the mindset. In Karnataka, they are giving period leave. After reading this, I thought they will ask for proof for giving the leave," Justice Nagarathna noted, posting the matter for December 15.

The order came after SCBA president and senior advocate Vikas Singh termed it a gross criminal case that needed the top court’s attention.

Alleging similar incidents in other states, Singh said, “This can't be tolerated. Let them respond to this and I will suggest something… I am also trying to think of what could be the guidelines adopted for the entire country…This is a very serious issue and it is such a subject which nobody wants to talk about, unfortunately.”

The Haryana Government counsel said an inquiry had been initiated and that action had been taken against two people responsible for the incident and against the Assistant Registrar who was the administrative head.

Terming it a “rampant violation of dignity, privacy and bodily autonomy” of women and girls in institutional settings across the country, the SCBA has sought guidelines to ensure that the right to health, dignity, bodily autonomy and privacy of women and girls are not violated when they are menstruating.

The SCBA petition referred to several news reports highlighting "period shaming" of menstruating women in educational institutions and government offices.

"...these incidents of women and girls being subjected to invasive and degrading checks in various institutional settings to check whether they are menstruating are in gross violation of their right to life, dignity, privacy and bodily integrity under Article 21 of the Constitution.

Women workers, especially unorganised workers, have a right to decent working conditions which respect their biological differences and make room for adequate concessions such that they are not subject to humiliating checks when they are suffering from menstruation-related pain and discomfort,” the SCBA submitted.

Referring to the RG Kar Medical College & Hospital rape and murder case in Kolkata where the top court underscored the importance of safe work conditions in ensuring equality of opportunity, the SCBA demanded nationwide guidelines to ensure that right to privacy and dignity of women workers was not violated.

The alleged incident took place on October 26, hours before Haryana Governor Ashim Kumar Ghosh was scheduled to visit the campus.

In a complaint to MDU authorities, three female sanitation workers alleged that the two supervisors first forced them to clean the complex despite being told they were "unwell" and then asked them to prove they were menstruating. The women alleged that the supervisors told them they were following an Assistant Registrar's orders.

An FIR has reportedly been registered under charges of criminal intimidation, sexual harassment, intent to insult the modesty of a woman and assault or use of criminal force on a woman and three people connected with MDU have been booked for sexual harassment in this regard.

The university has already suspended two male supervisors and an internal probe has been ordered into the incident.