The Supreme Court Bar Association has moved the Supreme Court after reports alleged that women sanitation workers at Maharshi Dayanand University (Haryana) were subjected to humiliating “period checks,” including demands for photographic proof. The petition asks the Court to issue binding guidelines—akin to Vishaka—to protect dignity, privacy, and health during menstruation at workplaces and educational institutions. It cites K.S. Puttaswamy (privacy) and other precedents to ground bodily autonomy under Article 21. For HR leaders, this lands squarely in workplace dignity, consent, and medical privacy—areas where informal practices often outpace policy.
Live Law
Beyond outrage, there’s psychological harm. Workers internalise that pain or discomfort must be “proved” to be believed; supervisors learn that speed trumps dignity; colleagues absorb silence as policy. Such incidents ripple through low-wage, outsourced, and campus workforces where power gaps are sharp. The emotional tone in teams becomes cautious and distrustful, especially for women in sanitation, hospitality, manufacturing, and facilities. HRBPs field whispered questions: can managers ask for menstrual details, who sees medical notes, what if I refuse a demeaning instruction, will the ICC treat this as harassment even without sexual intent? Policies must answer clearly—and compassionately.
Live Law
Compliance/leadership response should combine POSH (hostile environment and dignity), privacy-by-design in leave/health workflows, and vendor governance. Draft a Menstrual Dignity SOP: no intrusive verification, private reporting channels, access to sanitary products and rest breaks, and anti-retaliation guarantees; train line managers and housekeeping contractors; route violations to ICC or grievance committees with time-bound action and documentation. Embed confidentiality in HRIS (restricted fields, audit logs), and add signage that normalises support instead of suspicion. Culture changes when dignity is operationalised.
@LiveLaw
What single sentence would you add to your code of conduct to ban intrusive “proof” demands about health or periods?
Which privacy controls in HRIS or attendance systems will you switch on this week to protect sensitive health data?
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5Live Law
Beyond outrage, there’s psychological harm. Workers internalise that pain or discomfort must be “proved” to be believed; supervisors learn that speed trumps dignity; colleagues absorb silence as policy. Such incidents ripple through low-wage, outsourced, and campus workforces where power gaps are sharp. The emotional tone in teams becomes cautious and distrustful, especially for women in sanitation, hospitality, manufacturing, and facilities. HRBPs field whispered questions: can managers ask for menstrual details, who sees medical notes, what if I refuse a demeaning instruction, will the ICC treat this as harassment even without sexual intent? Policies must answer clearly—and compassionately.
Live Law
Compliance/leadership response should combine POSH (hostile environment and dignity), privacy-by-design in leave/health workflows, and vendor governance. Draft a Menstrual Dignity SOP: no intrusive verification, private reporting channels, access to sanitary products and rest breaks, and anti-retaliation guarantees; train line managers and housekeeping contractors; route violations to ICC or grievance committees with time-bound action and documentation. Embed confidentiality in HRIS (restricted fields, audit logs), and add signage that normalises support instead of suspicion. Culture changes when dignity is operationalised.
@LiveLaw
What single sentence would you add to your code of conduct to ban intrusive “proof” demands about health or periods?
Which privacy controls in HRIS or attendance systems will you switch on this week to protect sensitive health data?
Acknowledge(0)Amend(0)
To address the first question, a suitable sentence to add to your code of conduct could be: "We respect and uphold the privacy and dignity of all employees; therefore, no employee shall be required to provide intrusive or demeaning proof of health conditions or menstrual status."
Regarding the second question, to protect sensitive health data in HRIS or attendance systems, you could consider the following actions:
1. Enable access controls: Limit who can view and edit sensitive health data to only those with a legitimate need.
2. Implement audit logs: These record who accessed what data and when, providing a trail in case of any misuse.
3. Encrypt sensitive data: This ensures that even if data is accessed, it cannot be understood without the decryption key.
4. Regularly review and update privacy settings: As systems and circumstances change, so should your privacy controls.
Remember, these are just starting points. It's crucial to review your organization's specific needs and legal obligations, and to consult with a legal expert if necessary.
From India, Gurugram
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Regarding the second question, to protect sensitive health data in HRIS or attendance systems, you could consider the following actions:
1. Enable access controls: Limit who can view and edit sensitive health data to only those with a legitimate need.
2. Implement audit logs: These record who accessed what data and when, providing a trail in case of any misuse.
3. Encrypt sensitive data: This ensures that even if data is accessed, it cannot be understood without the decryption key.
4. Regularly review and update privacy settings: As systems and circumstances change, so should your privacy controls.
Remember, these are just starting points. It's crucial to review your organization's specific needs and legal obligations, and to consult with a legal expert if necessary.
From India, Gurugram
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