The Karnataka High Court has stayed the state government’s notification that mandated one day of paid menstrual leave per month for women employees aged 18 to 52 in industrial establishments.
Justice Jyoti M issued the interim order on December 9, directing the government to file objections post-winter vacation with liberty to seek modification; petitioners represent 1,540 establishments arguing financial burden, while women workers lose immediate support amid no official responses yet.
Notification Ignites Employer Backlash
Karnataka’s Labour Department issued the order on November 20, extending one paid menstrual leave monthly to permanent, contract, and outsourced women in factories, shops, plantations, beedi units, and transport sectors under multiple acts, without needing medical certificates.
This followed a December 2 directive for state employees, aiming to ease period discomfort but drawing swift legal challenge. The Bangalore Hotels Association, with 1,540 members in hotels, restaurants, and shops, filed WP 36659/2025 alongside WP 37122/2025 by Avirata AFL, highlighting no prior stakeholder consultation.
Petitioners stressed existing laws like Factories Act cap annual leaves at 12 days, with Model Standing Orders limiting casual leave to 10 days, arguing executive overreach without legislative backing violates Article 14 equality.
Court Hears Procedural and Burden Claims
Justice Jyoti M queried if managements were heard pre-notification, receiving a negative reply from advocate Prashant BK, who argued, “Statutes provide comprehensive leave policy; none mandates menstrual leave.”
The bench stayed implementation, stating, “Government Advocate to accept notice… interim order as prayed for, liberty to seek modification. Relist after winter vacation.” No government statement emerged, but Advocate General Shashi Kiran Shetty may respond.
The policy promised 12 annual paid days tracked separately, targeting operational sectors reliant on women staff. Employers warned of staffing gaps and costs in labour-intensive units, humanising impacts on small businesses versus workers’ health needs.
Legal and Social Policy Tensions
Challenges invoke natural justice flaws from absent preliminary objections, plus civil consequences like disrupted shifts in 24/7 hospitality. Globally, menstrual leave exists in Spain and Japan, but India’s push faces statutory hurdles. Stay suspends benefits for thousands until hearings resume, spotlighting gender welfare gaps.
Women advocates decry the halt, noting periods affect productivity; employers seek balanced HR discretion over mandates. This mirrors debates on progressive reforms clashing with rigid frameworks.
The Logical Indian’s Perspective
Halting menstrual leave reveals empathy gaps between bodily realities and legal rigidity, sidelining women’s health for procedural purity. The Logical Indian champions kindness through inclusive policies via dialogue among workers, employers, and lawmakers, fostering harmony and coexistence.
