The Karnataka government is defending its new menstrual leave policy in the High Court, asserting that it is a progressive measure designed to create a more inclusive and equitable work environment for women. The policy, which grants women employees one day of paid leave per month, was implemented after careful consideration to ensure humane working conditions.
The government's stance came in response to a petition filed by the Bangalore Hotels Association and Management of Avirata AFL Connectivity Systems Limited, which challenged the policy. The Association argued that the government lacked the authority to issue such a notification and that existing laws already provide sufficient provisions for granting leave to employees. They also raised concerns about the potential financial burden on employers and the lack of consultation with affected stakeholders.
Initially, the Karnataka High Court granted an interim stay on the government notification following the Bangalore Hotels Association's petition. However, the court recalled the stay order after Advocate General Shashi Kiran Shetty urged reconsideration. The Advocate General argued that the policy aligns with constitutional objectives and aims to reduce stigma surrounding menstruation while promoting women's health and well-being. Justice Jyoti M adjourned the case until January 20, 2026, stating that a detailed hearing is necessary before passing any orders on the challenge to the policy.
In its statement of objections filed before the Court, the state government emphasized that the policy advances the right to equality, as the Constitution obligates the state to protect women from discrimination due to menstruation. The government also stated that the policy would foster an environment where biological differences between men and women do not translate into professional disadvantages for women employees. The government argues that the policy allows women to rest during their menstrual cycle and return to work without serious challenges, helping them maintain consistent productivity. It also asserted that existing laws permit granting such additional benefits, negating the need for a legal amendment.
The Karnataka government has drawn inspiration from countries with successful menstrual leave policies, aspiring to set a progressive standard and encourage other regions to prioritize women's health and inclusivity. Similar policies have been implemented in Kerala, Odisha, and Bihar. The November notification extended the policy to establishments registered under various labor laws, including the Factories Act, 1948, and the Karnataka Shops and Commercial Establishments Act, 1961. The High Court has scheduled a further hearing for Wednesday.
