'Right Rooted In Dignity': Karnataka High Court Directs Strict Implementation Of State's Menstrual Leave Policy Across All Sectors

Upholding the recognition of 'right to menstrual leave' as a facet of Article 21, the Karnataka High Court on Wednesday (April 15) directed the state government to implement its 'menstrual leave policy' notification across all establishments including the unorganised sector, pending formal enactment of proposed legislation. The single-judge bench of Justice M. Nagaprasanna, sitting at Dharwad bench, in his order noted that menstrual leave "is not a plea for privilege, but an assertion of dignity, fairness and humane understanding within the spaces women inhabit.'“The significance of menstrual leave policy is not merely administrative, but deeply rooted in the Constitutional promise of equality that embraces all citizens, beneath its expansive canopy. While the law proclaims men and women as equals, nature, in its intricate design, has bestowed upon women, certain biological experiences that set them apart - menstruation being one such profound reality. Menstruation, often referred to as periods, is not an aberration, but a natural and indispensable facet of women's reproductive cycle…”, the court held.“…Any measure undertaken by the State towards securing menstrual health and dignity... directly engages and advances the guarantees enshrined under Article 21 of the Constitution. The right to menstrual dignity forms a part of the right to life itself”, the court inferred in the order after hearing submissions from the state and the woman worker.The court passed the order in a plea by a woman daily wager who was working a hotel at Belagavi. The petitioner submitted that the menial tasks undertaken by her involved prolonged physical labour throughout the whole day. In such circumstances, the petitioner sought the implementation of state government's notifications dated 12-11-2025 and 20-11-2025, which mandate 1-day of paid menstrual leave to women employees in five types of industrial establishments. The petitioner sought that the leave should be extended to unorganised sectors alike.The court also concurred with the necessity of implementing the menstrual leave policy in unorganised sectors where women workers are most vulnerable, pending the enactment of the 'Karnataka Menstrual Leave and Hygiene Bill, 2025', and noted:“….this Court deems it appropriate to dispose of the present petition by issuing a direction for the strict and faithful implementation of the existing policy, pending the formal enactment of the proposed legislation. Upon such enactment, the State shall, without undue delay, frame appropriate Rules so as to give full and meaningful effect to the statutory mandate. In the interregnum, it shall be incumbent upon the State to ensure effective operationalization of the policy through the issuance of suitable guidelines, circulars, and administrative instructions, as may be necessary to secure its uniform, consistent, and rigorous implementation across all sectors….”.The High Court also told the state not to be '…constrained by misplaced apprehensions founded upon a superficial invocation of Article 14 of the Constitution of India while implementing the policy strictly. It is pertinent to note here that a co-ordinate single judge bench at Bengaluru is currently hearing the challenge to the menstrual leave policy issued by the state government, applicable to women employees in the 18-52 years age group working in five sectors/ establishments.For context, the proposed Karnataka Menstrual Leave and Hygiene Bill, 2025 includes provisions for Karnataka Menstrual Leave and Hygiene Authority [grievance redressal mechanism], 2 days of paid leave per month, Work From Home options, 2 per cent attendance relaxation for menstruating students etc.Consequently, by relying on Articles 15(3) (special provision for women), 39(e) (protection of health and strength of workers), 42 (just and humane conditions of work), and the right to life with dignity under Article 21, the high court noted that 'menstrual leave is an integral facet of right to live with dignity'. Referring to Supreme Court's decisions in Jaya Thakur v. Union of India (2025) and K.S. Puttaswamy v. Union of India (2017) the court said:“…Men and women stand equal in the eyes of the law; yet, they are biologically distinct. To acknowledge such differences, particularly in matters concerning health, dignity, and bodily autonomy, is not to transgress the guarantee of equality, but to give it substantive meaning". The court also made historical comparative references to menstrual leave policies followed across the world and the corresponding legislations, such as in Indonesia, Taiwan, Japan, South Korea and the Soviet Union. The court noted that a menstrual leave policy has been enacted in such nations for a long time. Moreover, the state of Bihar also permits 2 days' paid leave to its employees in the government sector. Admittedly, even in the year of 1912, the Kerala state granted menstrual leave to girl students appearing for exams, the court pointed...

'Right Rooted In Dignity': Karnataka High Court Directs Strict Implementation Of State's Menstrual Leave Policy Across All Sectors

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'Right Rooted In Dignity': Karnataka High Court Directs Strict Implementation Of State's Menstrual Leave Policy Across All Sectors

Sebin James

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