The High Court of Karnataka on Wednesday adjourned till January 20, 2026, the hearing on a batch of petitions challenging the legality of the State government’s November 20, 2025, notification mandating registered establishments to grant one-day leave per month for women employees, aged between 18 and 52, during their menstrual cycle.
Written statement
Justice Jyoti M. adjourned hearing after the State government filed its written statement of objections to the challenges made in the petitions on the power of the State to impose grant of menstrual leave on the petitioner-establishments through a notification in the absence of any provision in the existing laws to introduce such leave. The court asked the advocate for the petitioners to file response to the government’s statement.
The court on Tuesday morning initially stayed the November 20 notification after preliminary hearing of the petitions filed by Bangalore Hotels’ Association and Avirata AFL Connectivity Systems Ltd, Bengaluru.
However, the court recalled the interim order of stay after the State Advocate-General K. Shashi Kiran Shetty appeared in the afternoon and requested for hearing before passing interim order.
The petitioners have contended that menstrual leave cannot be introduced without amending the provisions of the Factories Act, 1948, the Karnataka Shops and Commercial Establishments Act, 1961, the Plantation Labour Act, 1951, the Beedi and Cigar Workers (Conditions of Employment) Act, 1966, and the Motor Transport Workers Act, 1961.
Government’s justifications
However, the government has contended that the notification was issued exercising the State’s executive power under Article 162 of the Constitution and the General Clauses Act, and hence, there was no need for amending these laws to mandate establishments, registered under these enactments, to grant the menstrual leave.
The policy of menstrual leave was formulated on the recommendation of an expert committee as a beneficial legislation and such policies do not require a specific Act, as Articles 15(3) and 42 of the Constitution create a more inclusive, supportive and equitable work environment for women with an intention to help women cope with the health issues during their menstrual cycle.
Apex court and abroad
Pointing out that the Supreme Court last year left it to the Central and the State governments to frame policies for menstrual leave, it has been highlighted in the State government’s statement that several countries like Japan, South Korea, Indonesia, Taiwan, Zambia, Vietnam, and Spain, etc., have had menstrual leave policies from as early as 1948.
Progressive standard
“This policy aligns with international practices and taking inspiration from countries that have successfully implemented menstrual leave policies for decades. Through this policy, the State of Karnataka aspires to set a progressive standard and inspire other regions to follow suit in promoting women’s health and inclusivity in workplace,” the government has contended.
Published – December 10, 2025 07:22 pm IST
