Consider paid menstrual leave for KSRTC women conductors: Kerala High Court

The Kerala High Court was acting on the plea of 3 KSRTC women conductors when it directed the state government to decide on paid menstrual leaves in 3 months.

Kerala High Court Menstrual Leave Women Bus Conductors KSRTCThe Kerala High Court observed that severe menstrual symptoms may substantially affect their health, dignity and ability to discharge their duties efficiently. (Image generated using AI)

Calling menstrual leave a “progressive welfare measure” that recognises the physical and psychological impact of menstruation, the Kerala High Court has asked the state government to consider introducing a menstrual leave policy for Kerala State Road Transport Corporation (KSRTC) women conductors, saying the physically demanding nature of their work warrants such a measure.

Justice Viju Abraham was hearing a writ petition filed by three women conductors and the Forum for Justice (FFJ), a welfare organisation for KSRTC employees and their families.

The petition sought directions to the state government and KSRTC to consider a representation seeking two days’ paid menstrual leave for women conductors.

“Menstrual leave is a progressive welfare measure that recognises the physical and psychological impact of menstruation on women employees. It is consistent with Articles 21, 15(3) and Article 42 of the Constitution of India, which collectively support the protection of women’s dignity and the provision of just and humane working conditions,” the court said on July 23.

The petition pointed out that women conductors often work long shifts – between eight and sixteen hours – and spend most of the day on their feet, while navigating crowded buses to issue tickets and collect fares. It also pointed to the lack of hygienic toilets, adequate rest areas and proper menstrual waste disposal facilities across many depots.

Justice Viju Abraham Menstrual Leave Kerala High Court KSRTC Women Bus Conductors Justice Viju Abraham said that a limited provision for menstrual leave would promote employee welfare, enhance productivity, and foster a more inclusive workplace. (Image enhanced using AI)

Conductors approached court

The petitioners told the court women conductors face significant physical and emotional challenges during menstruation because of prolonged duty hours, continuous movement and inadequate workplace facilities.

According to the plea, nearly 3,000 women employees work in KSRTC’s operating sector.

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However, many depots lack clean toilets with water, sufficient resting spaces and proper disposal systems for menstrual hygiene products, leading to discomfort and health concerns during working hours.

The petitioners submitted a representation to the Kerala government on October 30, 2025, requesting the introduction of a menstrual leave policy for women employees in KSRTC.

Since no decision had been taken on the representation, they moved the high court seeking appropriate directions.

Dignity, policy

  • Recognising the nature of the work performed by women conductors, Justice Abraham observed that menstrual leave is consistent with constitutional guarantees protecting women’s dignity and welfare.
  • The court noted that KSRTC women conductors perform physically demanding duties involving prolonged standing, continuous movement, long working hours and limited access to hygienic restroom facilities.
  • It further observed that severe menstrual symptoms may substantially affect their health, dignity and ability to discharge their duties efficiently.
  • “A limited provision for menstrual leave would promote employee welfare, reduce presenteeism, enhance productivity, and foster a more inclusive workplace,” the court said.
  • The high court observed that, given the working conditions of women conductors, the state government could examine introducing an appropriate menstrual leave policy.
  • “In view of the nature of their duties and working conditions, the Government may consider introducing an appropriate policy providing menstrual leave to women conductors, subject to such conditions and safeguards as may be deemed appropriate,” the judgment said.
  • However, instead of directing the government to frame such a policy, the court ordered the state to consider and decide the petitioners’ pending representation within three months after giving an opportunity of hearing to both the petitioners and KSRTC.

Measures adopted elsewhere

The petitioners informed the court that the Karnataka government had announced one day’s paid menstrual leave every month for women aged 18 to 52 working in both government and private sectors in November 2025. They also referred to menstrual leave policies in Bihar and Odisha.

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The plea further pointed out that Kerala has already introduced menstrual leave for women students in several universities, but similar benefits have not yet been extended to women government employees or KSRTC staff.

Vineet Upadhyay is an Assistant Editor with The Indian Express (Digital), where he leads specialized coverage of the Indian judicial system. Expertise Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in "demystifying" judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including: Constitutional & Civil Rights: Reporting on landmark rulings regarding privacy, equality, and state accountability. Criminal Justice & Enforcement: Detailed coverage of high-profile cases involving the Enforcement Directorate (ED), NIA, and POCSO matters. Consumer Rights & Environmental Law: Authoritative pieces on medical negligence compensation, environmental protection (such as the "living person" status of rivers), and labor rights. Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. ... Read More

 

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