Karnataka Deputy Chief Minister DK Shivakumar has firmly defended the state's groundbreaking mandatory menstrual leave policy, even as it faces a legal challenge from certain industry bodies. The policy, which mandates one day of paid leave per month for women employees, has sparked a debate on workers' rights versus employer concerns.
Government Stands Firm on Policy
On Friday, DK Shivakumar responded to the growing opposition from some organisations. He asserted that the menstrual leave directive is an official government policy aimed at promoting equality. "It is a Government policy. We have to do equality; I don't feel we should differentiate between men and women," Shivakumar stated when questioned about the resistance.
This defence comes after the state's Labour Department issued a formal order last month. The order grants one day of paid menstrual leave per month to all women workers aged between 18 and 52 years. It covers those in permanent, contractual, and outsourced positions across various sectors.
Legal Hurdle and Industry Opposition
The policy, however, is not without its detractors. The Bangalore Hotels Association (BHA) has taken the matter to the Karnataka High Court, filing a petition that challenges the government's directive. The BHA's legal move questions the very foundation of the order.
In its petition, the association argues that leave policies should be an internal administrative matter for individual organisations. It has labelled the state's order as "discriminatory". Furthermore, the BHA pointed out an apparent contradiction: the State government, being one of the largest employers of women, has not implemented a similar provision for its own workforce until recently, as reported by PTI.
The petition is expected to be listed for hearing soon before a bench headed by Justice Jyoti Moolimani.
Scope and Rules of the Menstrual Leave Policy
Despite the challenge, the Karnataka government has proceeded to expand the policy's reach. It has now been extended to include employees in the government sector as well.
The policy applies to women working in all industries and establishments registered under several key acts:
- The Factories Act, 1948
- Karnataka Shops and Commercial Establishments Act, 1961
- Plantation Workers Act, 1951
- Beedi and Cigar Workers (Conditions of Employment) Act, 1966
- The Motor Transport Workers Act, 1961
The order outlines specific rules for availing the leave:
The authority competent to grant casual leave may grant menstrual leave. A significant relief for employees is that no medical certificate is required to avail this benefit.
The leave must be used within the same month and cannot be carried forward to the next. It should be recorded separately in the leave or attendance register and cannot be combined with any other form of leave.
This development places Karnataka at the forefront of a national conversation on workplace rights and gender-specific welfare policies, setting a precedent that other states may observe closely as the legal process unfolds.
