The Bengaluru Hotels Association has initiated legal action against the Karnataka government's recent order mandating menstrual leave for women employees. The association filed a petition in the Karnataka High Court, challenging the constitutional validity and procedural aspects of the policy that grants one day of paid leave per month.
Legal Challenge Against State Policy
In its petition, the Hotels Association contends that the government notification is against the principles of natural justice. The primary argument is that the state did not issue any prior notice or seek opinions from relevant stakeholders before implementing the directive. The association asserts that the government's action bypassed essential consultative processes.
Furthermore, the petition argues that the existing labour laws under which the order was issued lack specific provisions enabling the government to mandate such leave. The association's statement claims, "Granting of such leaves is within the exclusive domain of individual employers, to be governed by their internal HR policies." It also alleges that the government, being one of the largest employers of women, has not extended this benefit to its own employees, rendering the notification "arbitrary and discriminatory."
Details of the Government Order
The controversial policy was officially notified on October 9, 2025, making Karnataka the latest state after Kerala, Odisha, and Bihar to adopt such a measure. The order directs all establishments operating under several key labour acts to comply. These include:
- The Factories Act, 1948
- The Karnataka Shops and Commercial Establishments Act, 1961
- The Plantations Labour Act, 1951
- The Beedi and Cigar Workers Act, 1966
- The Motor Transport Workers Act, 1961
Karnataka's Law and Parliamentary Affairs Minister, H K Patil, had defended the policy, stating it was adopted because it proved "useful and successful" in other states. The government's official stance, as reported earlier, emphasized that the policy is a fundamental part of women's rights and workplace welfare, aimed at creating a supportive environment where women can prioritize health without stigma or fear of professional consequences.
Implications and Next Steps
The legal move by the Bengaluru Hotels Association, noted in a statement dated November 12, sets the stage for a significant judicial review of the state's authority to mandate such employment benefits. The case touches upon broader debates about workplace equality, health accommodations, and the limits of executive power in regulating private establishments.
The date for the hearing in the Karnataka High Court is yet to be scheduled. The outcome of this petition could have far-reaching implications for the implementation of similar welfare policies across the state and potentially influence other regions considering analogous measures.
