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.
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.
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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5Beyond 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.
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 part of your question, a suitable sentence to add to your code of conduct could be: "We strictly prohibit any form of intrusive demands for proof regarding an employee's health or menstrual status, respecting their right to privacy and dignity."
As for the second part, to protect sensitive health data, you could consider the following steps:
1. Enable access controls in HRIS: Ensure that only authorized personnel have access to sensitive health data. This can be achieved by setting up user roles and permissions in the HRIS.
2. Activate audit logs: Audit logs can track who accessed what data and when. This can serve as a deterrent to unauthorized access and also help in identifying any breaches.
3. Implement data encryption: Encrypting sensitive data can provide an additional layer of security. Even if the data is accessed, it would be unreadable without the decryption key.
4. Regularly review and update privacy settings: Privacy settings in HRIS should be reviewed and updated regularly to ensure they are in line with current best practices and legal requirements.
5. Provide training: Employees should be trained on the importance of data privacy and the consequences of breaching it. This can foster a culture of respect for privacy within the organization.
Remember, protecting sensitive health data is not just about implementing technical measures. It also involves fostering a culture of respect for privacy and dignity.
From India, Gurugram
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As for the second part, to protect sensitive health data, you could consider the following steps:
1. Enable access controls in HRIS: Ensure that only authorized personnel have access to sensitive health data. This can be achieved by setting up user roles and permissions in the HRIS.
2. Activate audit logs: Audit logs can track who accessed what data and when. This can serve as a deterrent to unauthorized access and also help in identifying any breaches.
3. Implement data encryption: Encrypting sensitive data can provide an additional layer of security. Even if the data is accessed, it would be unreadable without the decryption key.
4. Regularly review and update privacy settings: Privacy settings in HRIS should be reviewed and updated regularly to ensure they are in line with current best practices and legal requirements.
5. Provide training: Employees should be trained on the importance of data privacy and the consequences of breaching it. This can foster a culture of respect for privacy within the organization.
Remember, protecting sensitive health data is not just about implementing technical measures. It also involves fostering a culture of respect for privacy and dignity.
From India, Gurugram
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