'Progressive Welfare Measure': Kerala High Court Asks State To Consider KSRTC Women Conductors' Plea For 2-Day Paid Menstrual Leave

Justice Viju Abraham directed the State government to consider and pass orders on the petitioners' representation without delay, within 3 months from the date of receipt of the judgment after affording them an opportunity of hearing.

The development comes in a plea preferred by three female conductors and the Forum for Justice seeking consideration of their representation for two days' paid leave during menstruation.

The Court also remarked that menstrual leave is a progressive welfare measure, consist with the constitutional protection guaranteed to women:

“Menstrual leave is a progressive welfare measure that recognises the physical and psychological impact of menstruation on women employees. It is consistent with Articles 21, 15(3) and Article 42 of the Constitution of India, which collectively support the protection of women's dignity and the provision of just and humane working conditions.”

It further opined that since the women conductors are doing physically demanding duties, grant of menstrual leave would create an inclusive workplace. It added:

“Women conductors in KSRTC perform physically demanding duties involving prolonged standing, continuous movement, long working hours, and limited access to hygienic restroom facilities. Severe menstrual symptoms may substantially affect their health, dignity, and ability to perform these duties efficiently. A limited provision for menstrual leave would promote employee welfare, reduce presenteeism, enhance productivity, and foster a more inclusive workplace. In view of the nature of their duties and working conditions, the Government may consider introducing an appropriate policy providing menstrual leave to women conductors, subject to such conditions and safeguards as may be deemed appropriate.”

In the plea, it was stated that the women conductors work long hours, up to 8 to 16 hours every day and that they have to move through crowded buses to give tickets and collect fares. Moreover, there is lack of clean and hygienic toilet facilities in various depots, inadequate disposal system for menstrual products, insufficient resting period and other concerns, they stated.

The petitioners had cited the Karnataka Government's decision regarding paid menstrual leave and prayed for a direction granting similar relief. They 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.

The KSRTC had earlier 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.

It had 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 was stated.

During the course of the proceedings, the Court had also sought the State's stand on the issue.

After hearing the parties, the Court disposed of the plea with a direction to the State to consider the representation and pass orders after giving an opportunity of hearing to the petitioners.

Case No: WP(C) No. 44089 of 2025

Case Title: Asha S.S. and Ors. v. State of Kerala and Ors.

Citation: 2026 LiveLaw (Ker) 409

Counsel for the petitioners: Anil Kumar M. Sivaraman, Lakshmisree P.S.

Counsel for the respondents: Deepu Thankan - Standing Counsel – KSRTC, B.S. Swathikumar - Standing Counsel, Asha Elizebeth Mathew – Government Pleader

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