New Delhi: The Karnataka High Court Wednesday directed the state government to implement its menstrual leave policy, which provides one day of paid leave per month to women across government and private sectors, saying menstruation is a natural and indispensable facet of a woman’s reproductive cycle.
“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 M. Nagaprasanna said in an 82-page ruling.
Earlier in October, the state cabinet approved the Karnataka Menstrual Leave Policy 2025, which provides one day of paid leave per month to women across government and private sectors.
The court was acting on a petition filed by Chandravva Hanamant Gokavi, a daily-wage worker employed at a small hotel in Belagavi, Karnataka.
She said she endured constant physical strain at work, which involved tasks such as cleaning, washing utensils, serving food and other duties requiring heavy physical labour from early mornings till late into the evening.
Gokavi went to court to seek the implementation of government notifications issued in November last year, which mandated paid menstrual leave for women employees in industrial establishments.
One notification extended this leave to all establishments within the Belagavi District, including hotels and small commercial units, in the interest of equity and justice.
She also argued that the menstrual leave policy should be widely disseminated and enforced across all establishments, particularly within the unorganised sector, where women workers remain most vulnerable and least informed about their entitlements.
However, the state government said that there were practical challenges in effectively monitoring and enforcing the policy within the vast and heterogeneous unorganised sector. It also argued that the Law Commission had tabled a bill regarding menstrual leave before the legislature, which showed the matter was under consideration.
Also Read: Menstrual leave doesn’t work in ‘real world’. And that real world is designed by, for men
What the court ruled
The court said that while the organised sector can be regulated through government orders and legislative intervention, the unorganised sector requires a more facilitative mechanism.
“However beyond regulatory frameworks, what remains imperative is a sustained and pervasive effort to sensitize all segments of society, reaching every corner of the State to foster awareness, empathy and compliance,” the court said while underlining the necessity for the Karnataka government to adopt a more inclusive and responsible approach.
It is important for the state to take measures to sensitise all sectors, organised and unorganised, the court noted.
The court also issued a direction for the “strict and faithful” implementation of the existing policy, before the formal enactment of the proposed legislation.
“Upon such enactment, the State shall, without undue delay, frame appropriate Rules so as to give full and meaningful effect to the statutory mandate,” the court said.
It added that in the meantime, the Karnataka government must ensure the effective operationalisation of the policy through suitable guidelines, circulars, and administrative instructions to secure its uniform and rigorous implementation across all sectors.
The court also took cognisance of the biological differences between men and women while saying the two sexes stand equal in the eyes of the law.
“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,” the court said while dismissing the argument that this would violate the right to equality.
The broader legal picture
Although Karnataka has a menstrual leave policy, most other states do not.
In February, the Supreme Court said requiring employers to provide paid menstrual leave for women could lead to a situation where employers might refuse to assign them work or even hire them.
A bench of Chief Justice of India Surya Kant, along with Justice Joymalya Bagchi, dismissed a Public Interest Litigation (PIL) seeking directions for different states to come up with a paid leave policy, saying that mandating paid menstrual leave could lead to adverse and harmful consequences for working women.
The petition highlighted challenges faced by women, including heavy bleeding, debilitating cramps, and a profound impact on their mental and physical well-being.
Apart from Karnataka, Odisha in 2024 approved a policy for menstrual leave for government employees under 55 years of age. In 2025, Karnataka became the first state to extend this policy to private sector employees as well.
Besides this, the Bihar government in 1992 had also extended menstrual leave of up to two days a month for women.
Cochin, while still a princely state in 1912, allowed students to take menstrual leave during examinations, even allowing them to take the exam later.
More recently, the Kerala government allowed menstrual leave for all working women, in both government and private establishments, between the ages of 18 and 52.
Globally, countries like Spain, Vietnam, the United Kingdom, China, Japan, Indonesia and South Korea have different menstrual leave policies.
(Edited by Sugita Katyal)
Also Read: SC decision on menstrual leave is feminist. Rani of Jhansi didn’t use period as an excuse