Kerala High Court directs State to consider paid menstrual leave for women KSRTC conductors

The Kerala High Court recently directed the State government to take a decision on a representation seeking two days paid menstrual leave every month for women conductors employed by the Kerala State Road Transport Corporation (KSRTC). [Asha SS & ors v State of Kerala & ors]

In an order passed on July 23, Justice Viju Abraham observed that the nature of a KSRTC conductor's job makes it particularly difficult for women to work during menstruation.

The judge noted that conductors are required to remain on their feet for long hours, move continuously through crowded buses to issue tickets and often have little or no access to hygienic toilets or adequate rest facilities.

Recognising these challenges, the Court observed that introducing menstrual leave was not merely an employee benefit but a welfare measure intended to ensure dignified working conditions for women.

"Menstrual leave is a progressive welfare measure that recognises the physical and psychological impact of menstruation on women employees. It is consistent with Articles 21, 15(3) and Article 42 of the Constitution of India, which collectively support the protection of women's dignity and the provision of just and humane working conditions," the Court added.

It further stated that severe menstrual symptoms could significantly affect women's health as well as their ability to efficiently perform physical demanding duties.

Thus, the Court asked the State to consider introducing an appropriate menstrual relief policy for women conductors and take a decision on the petitioners' representation within three months.

"A limited provision for menstrual leave would promote employee welfare, reduce presenteeism, enhance productivity, and foster a more inclusive workplace. In view of the nature of their duties and working conditions, the Government may consider introducing an appropriate policy providing menstrual leave to women conductors, subject to such conditions and safeguards as may be deemed appropriate," it stated.

The order was passed on a petition was filed by three women conductors, Asha SS, Sreena S and Sajala M, along with the Forum for Justice (FFJ), KSRTC Employees and Family Welfare Society.

They contended that women conductors routinely work between 8 to 16 hours a day, frequently without access to clean toilets, adequate rest areas or proper menstrual hygiene facilities.

The petitioners also pointed out that States such as Karnataka, Bihar and Odisha have introduced menstrual leave policies for women employees.

Even though Kerala has already extended menstrual leave to women students in universities, no similar benefit was available to women employed in KSRTC or other government service, it was pointed out.

Therefore, they sought a direction to the State government and KSRTC to consider their representation to introduce similar paid menstrual leave policy for women conductors.

The Court emphasised that menstrual leave is supported by the constitutional framework under Article 21 (right to life and dignity), Article 15(3) (special provisions for women) and Article 42 (just and humane conditions of work and maternity relief), which obligates the state to create safe and humane working conditions for women.

Thus, it directed the State to consider the petitioners request and pass orders within three months.

The petitioners were represented by advocates Anil Kumar M Sivaraman and Lakshmisree PS.

Standing counsel Deepu Thankan and BS Swathikumar appeared for KSRTC

Government Pleader Asha Elizabeth Mathew appeared for the State.

[Read Judgment]