Karnataka High Court mandates strict enforcement of menstrual leave policy

At a glance

• The Karnataka High Court (Court) in Chandravva Hanamant Gokavi v. State of Karnataka and Ors has directed the State government to strictly and faithfully implement the Menstrual Leave Policy 2025 (Policy), which grants paid menstrual leave to eligible women workers.
• The Court held that menstrual health, dignity, privacy and bodily autonomy form part of the fundamental right to life under Article 21 of the Constitution of India (Constitution).
• It confirmed the constitutional validity of the Policy, grounding it in Articles 15(3), 39(e), 42 of the Constitution and the executive powers of the State under Article 162 of the Constitution.
• While the Policy currently applies only to the organised sector, the Court recognised a significant gap affecting women in the unorganised sector and emphasised the need for broader coverage.
• Pending enactment of the proposed legislation, the State has been directed to issue guidelines to ensure uniform implementation across both organised and unorganised establishments.

In a significant constitutional ruling, the Court has ordered the strict implementation of the Policy issued by the Karnataka State government. The Policy, which provides one day of paid menstrual leave per month (capped at 12 days per year) for eligible women employees, was held to be intrinsically connected to the fundamental right to life and dignity under Article 21 of the Constitution.

The Court rejected the view that the Policy is a matter of administrative discretion, instead locating its legal foundation in multiple constitutional provisions, including Articles 15(3), 39(e), 42 and 162 of the Constitution. Drawing on recent Supreme Court of India jurisprudence, the Court affirmed that menstrual health and hygiene are inseparable from bodily autonomy, decisional privacy and reproductive health, and that dignity must be reflected in real and humane working conditions rather than remaining an abstract concept.

Importantly, the Court identified a critical limitation in the Policy’s current scope, which is confined to establishments in the organised sector. Acknowledging that women workers in the unorganised sector are often the most vulnerable and least protected, the Court held that the State must adopt a facilitative approach to extend the benefits of the Policy more broadly, supported by sensitisation and awareness measures.

The Court also dismissed concerns that a gender‑specific leave policy violates the constitutional guarantee of equality, observing that substantive equality permits differential treatment where biological and health‑related differences materially exist.

Pending the enactment of the proposed Karnataka Menstrual Leave and Hygiene Bill, 2025, the State government has been directed to implement the existing Policy without dilution and to issue interim guidelines ensuring uniform enforcement across both organised and unorganised sectors. The decision elevates menstrual leave from a policy choice to a constitutionally grounded entitlement, with potentially wide‑ranging implications for employers operating in Karnataka.