Karnataka High Court Orders Strict Implementation of Menstrual Leave Policy

The Karnataka High Court has directed the state government to ensure the strict and faithful implementation of its menstrual leave policy across all sectors, including the unorganised sector.

The court observed that menstrual health and dignity are intrinsically linked to the Right to Life under Article 21 of the Constitution.

The directive was issued while hearing a petition seeking enforcement of the 2025 policy, pending the enactment of a formal law.

Key Details:

Court: Karnataka High Court

Judge: Justice M. Nagaprasanna

Coverage: Both organised and unorganised sectors

Policy Status: Applicable until formal legislation is enacted

Policy Provisions

1 day of paid menstrual leave per month for women employees

Applicable age group: 18–52 years

Based on Karnataka Government notifications (Nov–Dec 2025)

Court Observations:

Menstrual leave is:

Not a privilege but a matter of dignity and equality

Linked to:

Article 21 (Right to Life & Dignity)

Court emphasized:

Need for uniform and consistent implementation through guidelines and circulars

Administrative challenges cannot be a reason for non-implementation

Background

Petition filed by a woman worker from Belagavi seeking enforcement of the policy

Issue: Lack of implementation, especially in smaller and informal workplaces

Proposed law: Karnataka Menstrual Leave and Hygiene Bill, 2025 (pending)

Key Facts:

Article 21: Guarantees Right to Life and Personal Liberty

Related Constitutional Provisions:

Article 14 – Equality before law

Article 15(3) – Special provisions for women

Article 42 – Just and humane working conditions

Karnataka is among the first Indian states to introduce a menstrual leave policy

Some countries with menstrual leave policies: Japan, South Korea, Indonesia, Zambia

Proposed Bill provisions may include: Paid leave, Work From Home option, attendance relaxation for students