Karnataka High Court orders State to implement menstrual leave policy across all sectors

The Karnataka High Court on Wednesday directed the State government to ensure the implementation of its menstrual leave policy in both the organised and unorganised sectors.[Chandravva Hanamant Gokavi v. State of Karnataka]

The menstrual leave policy, notified by the Karnataka government in December 2025, mandates the grant of one paid leave per month to all women employees in the age group of 18-52 working in establishments mentioned in the policy.

Justice M Nagaprasanna ordered the State to ensure that the policy is enforced in all sectors, including the unorganised sector.

The Court observed that the policy, as well as a Bill related to menstrual leave tabled in the legislative assembly, advances the right to life and the right to equality which are enshrined in the Constitution of India.

It went on to note that while the law proclaims women and men as equals, biological experiences set them apart. Therefore, a plea for menstrual leave is not a matter of privilege but an assertion of dignity, fairness and humane understanding of the lived reality of women, the Court said.

"Men and women stand equal in the eyes of the law; yet, they are biologically distinct. To acknowledge such differences, particularly in matters concerning health, dignity, and bodily autonomy, is not to transgress the guarantee of equality, but to give it substantive meaning," the Court said in its order.

Pertinently, the Court said that the State should not be deterred by concerns raised based on misplaced readings of Article 14 which guarantees the right to quality.

"This Court would also observe that the State ought not to be deterred or constrained by misplaced apprehensions founded upon a superficial invocation of Article 14 of the Constitution of India," the Court said in its order.

The order was passed on a petition moved by a woman empoloyed at a hotel in a role involving a lot of physical exertion. She claimed that apart from the taxing labour, her place of employment also lacks adequate standards of hygiene and dignity.

According to the petitioner, the menstrual leave policy notified by the government in December last year, was not being enforced properly.

Therefore, she sought directions from the Court to State authorities to issue appropriate guidelines to ensure effective implementation of the policy.

In particular, she sought uniform implementation in the unorganised labour sector where women workers, such as herself, are most vulnerable.

While affirming the progressive intent of the policy, the Karnataka Additional Advocate General (AAG) highlighted certain practical impediments that have come up especially due to the vast and heterogeneous unorganised sector.

The AAG also submitted that the State legislature is actively seized of a Bill dealing with menstrual leave.

After referring to similar policies enacted in other State and countries, and citing Supreme Court precedents on the issue, the Court asserted that the right to menstrual leave is rooted in the right to life.

The Court then looked at whether a policy notified by a Government Order, such as this menstrual leave policy, has to be confined to the organised sector alone.

In light of the Supreme Court's stance on positively recognising the rights of workers in the unorganised sector, the Court said that it is the duty of the State to ensure that the benefits of such Government Orders reach the unorganised sector as well.

It, therefore, directed the State to ensure strict implementation of the existing policy pending the formal enactment of the proposed Bill. Upon enactment, the State must, without undue delay, frame appropriate rules for enforcement.

The petitioner was represented by advocate Deeksha N Amruthesh.

Additional Advocate General Prathima Honnapura appeared for the State.

Interestingly, a different single-judge bench of the Karnataka High Court is currently seized of a batch of petitions challenging the menstrual leave policy.

[Read Judgment]