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‘Aligned with ‘equal protection of laws’: Karnataka Govt on menstrual leave policy before High Court

Meanwhile, the All India Central Council of Trade Unions also filed an impleading application in the matter of the menstrual leave policy in Karnataka.

3 min readBengaluruUpdated: Dec 10, 2025 03:51 PM IST

The Karnataka Government defended its menstrual leave policy in the High Court, citing it as a progressive measure supported by constitutional articles. (File)

The Karnataka Government Wednesday submitted before the Karnataka High Court that menstrual leave is a progressive policy implemented in many parts of the world, amongst other arguments, in the context of challenges by the Bengaluru Hotels Association and others against the decision.

Advocate General Shashikiran Shetty made the submission before the single-judge bench of Justice Jyoti Mulimani.

During Wednesday’s arguments, Advocate General Shetty said, “Ours is a very progressive legislation and a benefit for women. In Japan in 1947, such an act came, and throughout the world it is there.”

Shetty supported his argument with references to Article 42 of the Constitution, which provides for just/humane work conditions and maternity relief, and to Article 15(3), which states that the fundamental right against discrimination would not prevent the State from making special provisions for women or children.

‘Beneficial legislation’

In the Statement of Objections, the state government argued that the labour commissioner invited objections and recommendations regarding the policy, and that of 75 suggestions, 56 were in favour of the policy.

With regard to the question of legal backing for the November notification, the government said it did not require support from a specific law, as it was a “beneficial legislation” in the context of the Articles of the Constitution it has mentioned.

The government also said it was an obligation to safeguard women from discrimination arising from natural processes, and that this notification would help them rest and return to work without creating challenges or inconvenience for their male co-workers. It said this aligned with the concept of “equal protection of laws” by creating an environment in which professional disadvantages were not created on account of biological differences.

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The government also noted that, as per a 2024 PIL before the Supreme Court seeking implementation of menstrual leave policies, the apex court said it would not interfere with state governments’ decisions on the issue.

Objections raised

When the matter was heard Tuesday, the Karnataka High Court initially granted a stay on the policy. After submissions by the Advocate General, the Karnataka High Court withdrew the stay and posted the matter for hearing on Wednesday.

While the Karnataka Cabinet approved the menstrual leave policy for women employees on October 9, a November 20 notification applied it to establishments governed by the Factories Act, 1948, the Karnataka Shops and Commercial Establishments Act, 1961, the Plantations Labour Act, 1951, the Beedi and Cigar Workers Act, 1966, and the Motor Transport Workers Act.

Women employees aged 18-52 can benefit from the policy, taking one day’s paid leave per month without having to provide a medical certificate.

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The Hotels Association raised numerous objections in its petition, saying the November notification was not supported by specific laws and that there was insufficient stakeholder consultation. It also argued that the policy was unnecessary interference in a matter that could be handled through internal HR policies.

The All India Central Council of Trade Unions (AICCTU), represented by Advocate Clifton Rozario, also filed an impleading application in the matter.

Orally remarking that the matter was of public importance, the court ordered it to be set for a further hearing on January 20.