‘Menstrual leave not a plea for privilege’: Karnataka High Court to state

“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 Nagaprasanna said.

“True equality, as envisioned by the Constitution, demands a more compassionate and nuanced approach, one that acknowledges difference not as a ground for discrimination, but as a basis for accommodation… Menstrual leave is not a plea for privilege, but an assertion of dignity, fairness and humane understanding within the spaces women inhabit.”

The court directed the state government to ensure effective operationalisation of the menstrual leave policy through suitable guidelines, circulars, and administrative instructions, “as may be necessary to secure its uniform, consistent, and rigorous implementation across all sectors.”

No hygiene and dignity at work

The court made the observations while hearing a petition filed by Chandravva Hanamant Gokavi, who works in a hotel at Belgavi. Gokavi approached the Karnataka High Court seeking a direction to the state government to effectively implement its notifications dated November 12 and November 20, 2025, which provide for a day’s paid menstrual leave per month to women employees.

Appearing for the petitioner, Advocate Deeksha N Amruthesh pointed to Gokavi’s work environment and said that it is not only physically taxing, but also bereft of adequate standards of hygiene and dignity.

Amruthesh said women, irrespective of the nature or location of their employment, are often compelled to undertake physically strenuous labour even during their menstrual cycle. She said the state is under an obligation to take the necessary steps to sensitise workplaces across the organised and vast unorganised sectors.

Additional Advocate General Prathima Honnapura, representing the Karnataka Government, informed the court that the policy formulated by the state is traceable to and supported by enabling provisions and directive principles embodied in the Constitution of India.

‘Deeply rooted in constitutional promise of equality’

The bench noted that the state government has tabled The Karnataka Menstrual Leave and Hygiene Bill, 2025, before the Assembly. The Bill provides women with a monthly, paid menstrual leave in both government offices and private establishments and a 2 per cent attendance relaxation for girl students in government and private educational institutions.

“The executive power of the State, flowing from Article 162 of the Constitution of India, furnishes the necessary authority to translate constitutional aspirations into tangible policy measures. The State has articulated the present policy and has proceeded to usher in the proposed legislation, thereby giving concrete expression to the spirit and intent of the Constitution,” Justice Nagaprasanna said.

“The significance of menstrual leave policy is not merely administrative, but deeply rooted in the constitutional promise of equality that embraces all citizens, beneath its expansive canopy.”

Meanwhile, a coordinate bench of the Karnataka High Court is hearing a batch of petitions filed by the Bangalore Hotels Association and others challenging the government policy, saying that it does not fall within the ambit of any law.