KARNATAKA
Karnataka HC Mandates Strict Implementation of Menstrual Leave Policy
- 16 Apr 2026
- 3 min read
Why in News?
The Karnataka High Court on 15 April, 2026, directed the State government to "strictly and faithfully" implement its menstrual leave (ML) policy. The court emphasized that the right to menstrual leave is a facet of the Right to Life under Article 21 and is rooted in the dignity and bodily autonomy of women.
Key Points
- Universal Coverage: Justice M. Nagaprasanna directed that the policy must be operationalized across all sectors, including the vulnerable unorganised workforce (e.g., daily wage labourers, hotel staff, and small shops).
- Interim Enforcement: Pending the formal enactment of the Karnataka Menstrual Leave and Hygiene Bill, 2025, the State must issue specific guidelines and administrative instructions to ensure uniform compliance.
- No Undue Delay: Upon the eventual passage of the 2025 Bill, the State is mandated to frame rules immediately to give full effect to the statutory mandate.
- Beyond Article 14: The court rejected "misplaced apprehensions" that such a policy violates the Right to Equality. It observed that acknowledging biological distinctions between men and women provides substantive meaning to equality rather than transgressing it.
- Dignity vs. Privilege: The bench stated that menstrual leave is not a "plea for privilege" but an assertion of dignity and fair treatment within the spaces women inhabit.
- Background and Scope of Policy: The current notification applies to women employees aged 18 to 52 years.
- Leave Entitlement: The existing policy mandates one day of paid leave per month (restricting to 12 days annually) for permanent, contract, and outsourced employees in registered establishments.
- The Petitioner: The ruling followed a plea by a daily wage worker at a hotel in Belagavi who highlighted the severe physical toll of menial labour during menstruation.
- Legislative Context and Debate:The upcoming Karnataka Menstrual Leave and Hygiene Bill, 2025 seeks to expand benefits to include two days of paid monthly leave, work-from-home options, and a 2% attendance relaxation for students.
| Read More: Right to Life |
