MUMBAI: The Karnataka High Court has finally put menstrual leave on the clock no more monthly delays in giving women the time they’re already entitled to. In a firm directive, Justice M Nagaprasanna has ordered the state government to enforce its existing menstrual leave policy across all workplaces with immediate effect, until the proposed Karnataka Menstrual Leave and Hygiene Bill, 2025 becomes law. The ruling stresses that the policy is already in force and cannot wait for fresh legislation; it must be implemented through guidelines, circulars and administrative instructions without further delay.
The policy, notified in 2025, entitles women employees aged 18 to 52 in registered establishments to one paid day of leave per month adding up to 12 days annually. It covers permanent, contractual and outsourced staff under laws including the Factories Act, the Karnataka Shops and Establishments Act and the Plantation Workers Act. No medical certificate is required, and the leave cannot be carried forward.
The order came on a petition filed by Chandravva Hanamant Gokavi, a hotel worker from Belagavi, who sought proper implementation of the policy.
The court acknowledged gaps in coverage, particularly for government employees, Anganwadi workers and ASHA workers, as well as the challenges of the unorganised sector. While organised workplaces can be governed through existing rules, Justice Nagaprasanna noted that small enterprises with fewer than ten workers and daily wage labourers would need a more facilitative approach. He emphasised the importance of sensitisation and cultural acceptance for the policy to work effectively.
The judgment also rejected arguments that menstrual leave violates equality under Article 14 of the Constitution, observing that recognising biological differences actually strengthens substantive equality.
Until the 2025 Bill is enacted and rules are framed, the state and employers have been told to operationalise the policy rigorously. The ruling sends a clear message: in Karnataka, menstrual leave is no longer optional, it’s now mandatory. For millions of working women, that could mean a long-overdue shift from silent endurance to supported well-being, one period at a time.
