Karnataka High Court Directs Strict Implementation of Monthly Menstrual Leave Policy
The Karnataka High Court issued a significant directive on Wednesday, ordering the state government to ensure strict and faithful implementation of the existing policy that grants women employees one day of menstrual leave per month. This directive comes while awaiting the formal enactment of proposed legislation concerning this policy.
Court's Constitutional Interpretation on Equality
In his order, Justice M Nagaprasanna made a crucial observation regarding constitutional principles. The court stated that the state should not be deterred by misplaced apprehensions based on a superficial interpretation of Article 14 of the Indian Constitution, which guarantees equality before the law.
"Men and women stand equal in the eyes of the law; yet, they are biologically distinct," Justice Nagaprasanna emphasized. "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."
Background of the Petition
The court disposed of a petition filed by Chandravva Hanamant Gokavi, a hotel worker from Gokak taluk in Belagavi district. Chandravva sought implementation of the November 20, 2025 government order that provides for one-day menstrual leave monthly for all working women.
During proceedings, the government indicated that the matter was actively under legislative consideration and deliberation. However, after examining all materials on record, Justice Nagaprasanna found sufficient grounds for immediate implementation of the existing policy.
Global Recognition of Menstrual Health
The court noted that the World Health Organization has emphatically advocated for recognizing menstrual health as a fundamental health and human rights issue, rather than confining it merely to the domain of hygiene.
"WHO emphasizes the need to integrate menstrual health considerations into sectoral policies, planning, and budgeting, ensuring that progress is measurable and sustained," the judge added in his comprehensive order.
The court also highlighted the evolving global landscape where several nations have sought to recognize and institutionalize menstrual leave through various mechanisms:
- The former Soviet Union
- Japan
- Indonesia
- South Korea
- Taiwan
- Vietnam
- Zambia
Focus on Unorganized Sector Workers
Citing Supreme Court decisions pertaining to unorganized-sector workers, Justice Nagaprasanna pointed out that the top court has consistently highlighted the importance of social security benefits for female workers.
"It is necessary for the state now to tap the unorganized sectors to take the benefit of the government order or the bill when it becomes an Act," the judge observed.
The court identified two broad categories within unorganized sectors that require attention:
- Enterprises owned by individuals or self-employed persons engaging fewer than 10 workers
- Daily-wage laborers who remain outside the purview of existing government orders
"These distinctions are indicative of the necessity in the state for a more inclusive and responsive approach," Justice Nagaprasanna stated.
Need for Societal Sensitization
Beyond regulatory frameworks, the court emphasized the importance of sustained efforts to sensitize all segments of society.
"What remains imperative is a sustained and pervasive effort to sensitize all segments of society, reaching every corner of the state to foster awareness, empathy and compliance," the judge concluded while disposing of the petition.
This landmark order represents a significant step toward recognizing menstrual health as a workplace right and ensuring practical implementation of policies designed to support women employees across Karnataka.
