The Karnataka High Court has, for the moment, allowed the State’s menstrual-leave policy to remain in force, declining to grant an interim stay despite objections raised by several industry associations. The decision came after the State government strongly defended the measure, describing it as a progressive step intended to promote dignity, health, and workplace equity for women.
The policy introduced through a government notification requires all registered industrial establishments to provide one paid day of leave every month to women employees between the ages of 18 and 52. The mandate covers permanent staff as well as contract and outsourced workers, effectively extending its reach across a wide spectrum of workplaces in the State.
Employers’ bodies, including those representing the hospitality sector, had approached the High Court soon after the notification was issued. They argued that the State had exceeded its legal authority by compelling private establishments to adopt a specific leave policy, contending that such matters were typically regulated either by central labour laws or by internal human-resources frameworks developed by individual companies. Some petitioners also warned that the additional mandatory leave could impose economic strain on smaller enterprises, which they said were still recovering from recent slowdowns.
Initially, the court had paused the implementation of the notification while it examined these concerns. However, during the subsequent hearing, the State’s Advocate General made a comprehensive defence of the policy. He argued that menstrual leave was consistent with constitutional commitments to equality and welfare, and that the government was empowered to introduce measures that improved working conditions, particularly for groups that face biological and social disadvantages.
The State maintained that the policy should not be viewed as a burden on employers but as an essential reform that acknowledges the lived realities of women in the labour force. According to its submissions, the uniformity of the policy—rather than leaving such leave provisions to the discretion of individual employers ensures that women receive equal treatment irrespective of where they work.
After hearing both sides, the High Court withdrew the earlier stay and decided against issuing a fresh interim order. The court observed that the validity of the policy required a detailed examination of legislative competence, the intent behind the notification, the contours of labour-welfare powers, and the balance between employer autonomy and employee rights. Rather than pre-empting the outcome, the bench stated that it would reserve its opinion until these issues were fully argued.
The matter will continue to be taken up in upcoming hearings. Until then, the menstrual-leave policy will remain operational across Karnataka, even as its legal foundation undergoes closer judicial scrutiny. The ultimate decision of the High Court will likely shape not only the future of this policy but also the broader debate around whether menstrual leave should be standardised through legislation or left to voluntary adoption by workplaces.
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