No more delay: Menstrual leave rule must be implemented, Karnataka high court tells govt

BENGALURU: Karnataka high court Wednesday directed the state govt to ensure strict and faithful implementation of the existing policy of one-day menstrual leave per month for women employees, pending the formal enactment of the proposed legislation pertaining to the policy.

The court also observed that the state ought not be deterred or constrained by misplaced apprehensions founded upon a superficial invocation of Article 14 of the Constitution of India. "Men and women stand equal in the eyes of the law; yet, they are biologically distinct.

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," Justice M Nagaprasanna observed in his order while disposing of a petition filed by one Chandravva Hanamant Gokavi.

A hotel worker from Gokak taluk, Belagavi district, Chandravva sought implementation of the Nov 20, 2025 govt order providing for one-day menstrual leave in a month for all working women. On the other hand, the govt indicated that the matter was actively under legislative consideration and deliberation.

After perusing the materials on record, Justice Nagaprasanna noted that the World Health Organisation (WHO) has emphatically advocated for the recognition of menstrual health as a fundamental health and human rights issue, rather than confining it merely to the domain of hygiene. WHO emphasises the need to integrate menstrual health considerations into sectoral policies, planning, and budgeting, ensuring that progress is measurable and sustained, the judge added.

It is pertinent to take cognisance of the evolving global landscape, wherein several nations, through legislative enactments, policy formulation or ongoing deliberative processes, have sought to recognise and institutionalise menstrual leave. The (erstwhile) Soviet Union, Japan, Indonesia, South Korea, Taiwan, Vietnam, and Zambia have evolved menstrual leave policies, the judge noted.

Citing the Supreme Court's decision in a series of cases pertaining to unorganised-sector workers, the judge pointed out that the top court has highlighted the importance of social security benefits to female workers.

"It is necessary for the state now to tap the unorganised sectors to take the benefit of the govt order or the bill when it becomes an Act. Broadly understood, the unorganised sectors may be classified into two categories. First, enterprises owned by individuals or self-employed persons, engaging fewer than 10 workers, and the second, daily-wage labourers, who remain outside the purview of said govt orders.

These distinctions are indicative of the necessity in the state for a more inclusive and responsive approach. Beyond regulatory frameworks, what remains imperative is a sustained and pervasive effort to sensitise all segments of society, reaching every corner of the state to foster awareness, empathy and compliance," Justice Nagaprasanna observed while disposing of the petition.

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