Karnataka HC Pushes Menstrual Leave Enforcement, Says Equality Includes Biological Realities

The Karnataka High Court has directed the state government to strictly implement its policy granting one day of menstrual leave each month to women employees, making it clear that the existing scheme must be enforced without delay even as a formal law remains under consideration.

Court Stresses Equality Does Not Ignore Biology

Justice M Nagaprasanna underlined that constitutional equality must be understood in a substantive manner, not merely in formal terms. Addressing concerns linked to Article 14 of the Constitution of India, the court observed that men and women are equal in the eyes of the law but are biologically distinct. Recognising such differences, particularly in matters of health, dignity, and bodily autonomy, does not violate equality but instead gives it real meaning. The court cautioned the state against hesitating to enforce the policy due to perceived constitutional objections.

Petition That Triggered the Order

The case arose from a petition filed by Chandravva Hanamant Gokavi, a hotel worker from Gokak taluk in Belagavi district, who sought implementation of the government order issued on November 20, 2025. The order had promised one day of menstrual leave per month for working women. During the hearing, the Karnataka government informed the bench that a bill on menstrual leave is currently under legislative consideration. However, the court ruled that the ongoing legislative process cannot be used as a reason to delay enforcing an already announced policy.

Menstrual Health Framed as a Rights Issue

The court referred to material from the World Health Organisation and noted that menstrual health must be treated as a core health and human rights issue rather than being limited to hygiene or sanitation discussions. It recorded that the WHO has urged governments to integrate menstrual health into public policy, planning, and budgets, while also tracking progress through measurable indicators over time. By invoking these principles, the court aligned Karnataka's approach with a broader global public health and rights-based framework.

Global Context of Menstrual Leave Policies

Placing Karnataka's move in a wider context, the court noted that several countries have already recognised menstrual leave through laws, regulations, or policy decisions. These include Japan, Indonesia, South Korea, Taiwan, Vietnam, Zambia, and even the erstwhile Soviet Union. The reference was used to show that such policies are part of an evolving global approach to labour rights and workplace health.

Focus on Unorganised Sector Workers

A key aspect of the ruling was its emphasis on extending menstrual leave benefits beyond formal workplaces. Justice Nagaprasanna stressed that the state must make efforts to reach the unorganised sector, which includes small enterprises employing fewer than ten workers as well as daily-wage labourers who remain outside the scope of many government orders. The court observed that these distinctions highlight the need for a more inclusive and responsive approach, ensuring that benefits are not limited to formal employment structures.

Call for Awareness and Compliance

The court also highlighted the importance of sensitisation alongside enforcement. It noted that meaningful implementation would require sustained efforts to spread awareness, build empathy, and ensure compliance across all sections of society. Reaching every corner of the state, especially where informal work dominates, was described as essential to making the policy effective in practice.

Immediate Impact of the Ruling

The ruling places an immediate obligation on the Karnataka government to honour its promise of one day of menstrual leave for women employees, even before new legislation is enacted. By linking the policy to health rights, equality, and labour protections, the Karnataka High Court has outlined a broader framework for future action. The judgment makes it clear that acknowledging biological realities within the framework of equality is not a deviation from constitutional principles but a deeper and more meaningful application of them.