Karnataka to Implement Menstrual Leave Legislation Following High Court Directive
The Karnataka government is set to advance with a comprehensive bill on menstrual leave that will extend to all women employees across the state, encompassing those in the private sector. This decisive action comes in the wake of a recent high court ruling that mandates strict adherence to the state's existing menstrual leave policy until the proposed legislation is formally enacted.
High Court Order and Government Response
On Wednesday, the Karnataka High Court issued an order for rigorous implementation of the state's current menstrual leave provisions. In response, Labour Minister Santosh Lad affirmed that the government "will implement the law as directed by the high court" by enforcing the Karnataka Menstrual Leave and Hygiene Bill, 2025.
Justice M Nagaprasanna delivered the order on a petition filed by Chandravva Hanamant Gokavi, a 41-year-old hotel worker from Belagavi district. Represented by advocate Deeksha N Amruthesh, Gokavi highlighted the physical strain of manual labor during menstruation, urging enforcement of the government policy.
Background and Legislative Process
In November of last year, the Karnataka government introduced a policy granting one day of paid menstrual leave per month, with an annual cap of 12 days. However, the draft legislation was not presented before the legislature due to pending petitions before the high court.
Labour Secretary Salma Fahim clarified the procedural steps ahead: "It's a draft bill that has to be cleared by the Cabinet and the law department, before it is placed in the legislature." Once enacted, the bill will provide legal standing, minimizing future challenges and ensuring applicability to both government and private organizations.
Reactions and Legal Challenges
While women government employees have welcomed the initiative, certain private sector entities, including the Bangalore Hotels' Association, have contested its validity. A plea by the association remains pending before a single-judge bench of the high court.
Roshni Gowda, president of the Karnataka State Govt Women Employees' Association, expressed that the court order brings much-needed clarity. "The court has recognised the physical and psychological impact of menstruation on women employees," she stated. "A day's rest will help them return to work with renewed vigour."
Legal Basis and Broader Implications
The high court invoked Articles 162, 15(3), and 42 of the Constitution to enforce the policy, emphasizing principles of dignity, health concerns, and the pursuit of "substantive equality." The court also advocated for expanded coverage to include workers in the unorganized sector.
This legislative move represents a significant step toward addressing workplace equity and health considerations for women across Karnataka, setting a precedent for other regions to follow.
