In a legal debate, the Karnataka government has invoked a Supreme Court ruling under Article 162 of the Constitution to defend its recently implemented menstrual leave policy in the Bangalore High Court. The policy, introduced on November 20, grants one day of leave per month for women aged between 18 and 52 years.
Additional Advocate General Prathima Honnapura presented the state’s objections in court. According to the government’s argument, Article 162 allows executive orders even without legislation, a point that has been upheld by the Supreme Court ruling.
The petitioners challenging the notification include entities such as the Bangalore Hotels’ Association and Avirata AFL Connectivity Systems Limited, among others. The specifics of their arguments were not disclosed in the court proceedings.
The menstrual leave policy has been a contentious issue, with supporters arguing for women’s health and wellbeing, while critics question its practicality and potential for misuse. The outcome of this legal battle is expected to set a precedent for similar policies across India.
The Karnataka Women’s Well-being Leave Bill, 2025, proposing one day of paid menstrual leave each month for women employees aged 18 to 52, is expected to be introduced during the ongoing Assembly session in Belagavi. The Bill also includes a provision for a fine of up to ₹5,000 on employers or officials who knowingly deny this leave or discriminate against someone for menstruating.
The government’s November 20 policy required all industrial establishments under labour laws to grant women employees, permanent, contractual, and outsourced, one paid menstrual leave every month. The leave had to be availed within that month, with no medical certificate needed.
