Paid Menstrual Leave Is Policy Matter, Not Enforceable Right: KSRTC Tells Kerala High Court

The petitioners had cited the Karnataka Government's decision regarding paid menstrual leave and prayed for a direction granting similar relief to the women conductors working in KSRTC.

The plea has also sought for a direction to the Chairman and Managing Director of KSRTC to place the representation preferred by the petitioners before the Corporation's Board of Directors to take a decision.

Responding to the plea, the KSRTC filed a counter alleging that the writ petition is not maintainable since the reliefs prayed for amount to seeking a policy decision, which is exclusively the domain of the legislature and the executive.

The KSRTC has also stated that there is no fundamental right, legal right or statutory duty that can be enforced by a writ of mandamus. Moreover, KSRTC being a public sector undertaking, its employees are governed by the Kerala Service Rules (KSR), which does not contain any provision mandating menstrual leave, it is stated.

“The relief sought by the petitioner amounts to legislating through judicial orders, which is impermissible under the doctrine of separation of powers enshrined in the Constitution of India…Moreover, menstrual leave is not a judicially enforceable right, but rather a matter of state policy, and this Hon'ble Court, in exercise of its powers under Article 226 cannot direct the Government to frame its policies,” the plea states.

The counter also argues that menstrual leave is not a globally accepted labour entitlement and only very few countries have made it a statutory entitlement. Moreover, since the prayer is with respect to all female conductors of the KSRTC, the petition should have been a public interest litigation, it is stated.

The KSRTC has also denied the averment made by the petitioner that there is lack of clean toilet facility with water in various KSRTC depots and inadequate disposal system for menstrual products.

It is further stated that introduction of mandatory menstrual leave may have complex employment and financial implications, which can be assessed only by the executive. Moreover, it is also stated that short notice leaves on regular basis can disrupt the workflow, increase staffing costs, and complicate resource planning.

Since the KSRTC is employing around 1,842 women conductors, grant of 2 days paid leave would total to 5,700 paid leaves per month and the same would resulting in operational and administrative difficulties.

The counter states: “KSRTC is currently facing severe financial constraints, including significant difficulties in disbursing salaries, clearing pension liabilities, and meeting operational expenses essential for public transport services. Introducing paid menstrual leave at this stage would create additional recurring financial liabilities, including payment for leave days, potential overtime or substitute staffing and operation disruptions.”

The counter also refers to the decision in Shailendra Mani Tripathi v. Union of India, wherein the Supreme Court refused to entertain a PIL seeking menstrual leave for female students and working women across India stating that the matter fell within the domain of policy.

The KSRTC thus sought for dismissal of the plea.