'Biological Differences Shouldn't Create Professional Disadvantage': Karnataka Govt Justifies Menstrual Leave Policy Before High Court

Defending its 'one paid menstrual leave a month' policy, the Karnataka government told the High Court that it creates a more inclusive, supportive and equitable work environment for women and will enable them to study, work and live with dignity.

In its statement of objection filed in response to the petition filed by Bangalore Hotels Association and Management of Avirata AFL Connectivity Systems Limited, the government has said “The said Government Order (dated November 20) is passed with an intention to help women to cope with the health issues during their menstrual cycle.”

“This initiative of the State is a part of broader commitment to gender equality and workplace inclusivity by offering one day of menstrual leave per month. The State also aims to reduce the stigma surrounding menstruation, promote health and well-being, and to ensure that women can perform their duties effectively,” it said.

The government added that its menstrual leave policy aligns with the international practices and taking inspiration from countries that have successfully implemented menstrual leave policies for decades, the State aspires to set a progressive standard and inspire other regions to follow suit in promoting women's health and inclusivity in workplace.

Addressing the ground raised in the petition that statutes under which the establishments are registered primarily regulate health, welfare and overall working conditions of the employees including hours of work, weekly holidays, leave with wages etc and do not provide for menstrual leave, the state government has said,

“The impugned order is in accordance with the Constitutional Objectives and also in accordance with Article 14, 15, 42 of the Constitution. It is the policy of the State and it is a beneficial legislation for women who are protected under Article 15 (3) and Article 42 of the Constitution. It is further submitted that this Policy is beneficial legislation and such policies do not require a specific Act.”

It adds, “When Article 14, 15 (3), 21 and 42 of the Constitution are read together it becomes manifestly clear that the Constitution bestows an obligation on the state to safeguard women from discrimination because of the natural biological process of menstruation. It is a beneficial legislation to help menstruating women to maintain a consistent level of productivity in an otherwise fast-paced work environment.”

Further it submitted that the impugned order of the State is passed after recommendation of technical experts in the field and after various deliberations with the stakeholders. "It is a decision taken considering the suggestions and objections received by the general public."

The government also emphasised that menstrual leave policy is not an exception to Equality under Article 14 but an embodiment of the same.

"It aligns with the constitutional scheme of positive action under the “Equal Protection of Laws” and fosters an environment where biological differences do not translate into professional disadvantages. The classification is thus both intelligible and reasonably connected to the objective, fully satisfying the requirements of Article 14."

The government has also questioned the maintainability of the petitions stating, “The instant petition is in the nature of a Public Interest Litigation and seeks to challenge an Executive Order, thus said petition is not maintainable. It should be dismissed.”

Appearance:

Advocate General Shashi Kiran Shetty a/w Additional Advocate General Prathima Honnapura for Respondents