The Karnataka High Court has put a temporary halt to the state government’s recent order that required all registered industrial establishments to grant one paid day of menstrual leave each month to women employees. The stay was issued after industry representatives challenged the legality of the notification and questioned the manner in which it was introduced.
The government had announced the menstrual-leave mandate on November 20, directing that every woman employed in factories, shops, commercial establishments, plantations, beedi and cigar units, and motor transport organizations—whether on permanent, contract, or outsourced rolls—would be entitled to one paid leave day each month during their menstrual cycle. This was the first such government-mandated benefit introduced at scale in the state.
However, the Bangalore Hotels Association and a private company approached the High Court, arguing that the state lacked the authority to impose additional leave benefits through an executive notification. They claimed that existing labour laws already prescribe detailed leave structures for different categories of establishments, and that menstrual leave, being a substantive benefit, could not be introduced without legislative backing. The petitioners also asserted that the order was passed without consultation, and that stakeholders—particularly employers—had no opportunity to present concerns or suggestions before the rule was finalized.
During the hearing, the bench led by Justice Jyoti M. questioned whether any form of stakeholder engagement had taken place. When informed that none had been conducted, the court observed that the absence of consultation raised serious procedural concerns. The court then stayed the operation of the notification and asked the state government to file its objections.
The petitioners also warned that the mandate could impose significant financial and staffing pressures on industries, particularly smaller establishments that might struggle to absorb additional paid leave requirements. According to them, the rule, while well-intentioned, could lead to operational disruptions and uneven burdens across sectors.
With the interim stay in effect, the menstrual-leave order is suspended until the High Court examines the state government’s response and decides whether the notification was within its legal authority. The next hearing is expected to address questions of statutory power, the necessity of legislative approval, and the broader implications for labour welfare policy in Karnataka.
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