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Karnataka govt defends menstrual leave policy in HC, prepares to bring legislation
Karnataka defends its menstrual leave policy in court, proposing legislation for paid leave and penalties for discrimination against menstruating women.
The Karnataka government on Wednesday defended its newly notified menstrual leave policy before the high court, calling it a “well-considered, beneficial, and constitutionally compliant” decision, as it prepares to advance the policy by introducing a legislation in the assembly.
The Karnataka Women’s Well-being Leave Bill-2025 —which proposes one day of paid leave each month for women employees aged 18 to 52, with a maximum penalty of ₹5,000 for employer or official who intentionally denies the leave or discriminates against a person for menstruating — is expected to be tabled during the ongoing state assembly session in Belagavi, officials said.
The legislation is intended “to give legal strength to the order already issued by the government, which grants one menstrual leave per month to women government employees between the ages of 18 and 52 for a total of 12 days a year,” an official aware of the details said.
The bill expands the scope of the policy — issued through a government notification on November 20— to educational institutions by granting female students two days of leave each month, along with a 2% relaxation in attendance requirements for menstruation-related concerns.
A central feature of the proposed law is its penalty clause, which applies not only to the denial of leave but also to discriminatory behaviour, including treating a menstruating person as an “untouchable.”
“The leave can be requested through a simple application or email, and employees would not be asked to produce medical certificates. Those who wish to work instead of taking leave would be allowed to do so from home. Supervisors would be barred from disclosing requests for menstrual leave,” the first official said.
The policy announced on November 20 mandated that industrial establishments registered under various labour laws provide women employees — permanent, contractual, and outsourced — one paid menstrual leave each month. The leave had to be used within the same month, and no medical certificate was required.
The Bangalore Hotels Association — representing over 1,500 establishments, including restaurants, bakeries, and ice cream parlours — and a private hospitality firm challenged the policy in the high court, arguing that labour statutes already govern leave and do not provide for menstrual leave.
On Wednesday, the state government urged the high court to dismiss the petitions with state Advocate General Shashi Kiran Shetty, telling the court that the policy promotes dignity, health, job security, and equal participation of women in the workforce.
Advocate Prashanth BK, who appeared for the Bangalore Hotels Association, one of the petitioners in the case, said the petitioners were not challenging the intent behind the policy but the manner of its implementation.
The petitioners urged the Court to prevent the State from “precipitating” implementation until final hearing.
The Court however, declined to stay the notification and posted the matter for further hearing on January 20.
