Case Note & Summary
The writ petition arose from the non-implementation of the Karnataka Government's Menstrual Leave Policy notified on 12.11.2025 and crystallized through Government Orders dated 20.11.2025 and 02.12.2025. The petitioner, a 41-year-old woman employed as a hotel worker in Belagavi district, performed physically strenuous tasks including cleaning, washing utensils, and serving food from early morning until late evening. She contended that the unhygienic and taxing work environment caused particular hardship during menstruation, and that the State's policy, though formulated, remained unenforced, leaving women workers in the unorganized sector without the benefit of menstrual leave. She sought a writ of mandamus directing the State authorities to implement the policy across all establishments, issue guidelines for uniform enforcement, and consider her representation. The court examined the background of the policy, noting that in 2024 the State constituted a committee which, after consulting stakeholders including experts, hotel associations, labour unions, and women's organizations, recommended the introduction of menstrual leave. The notification provided for leave during menstruation as a measure of workplace justice and gender equity. The State, through the Additional Advocate General, supported the policy but raised practical difficulties in monitoring compliance in the vast unorganized sector, suggesting that directions be limited to awareness campaigns. The court traced the global and national history of menstrual leave, referencing Kerala's 1912 initiative for students, Japan's 1947 labour regulation, Bihar's policy for government employees, and the unsuccessful Menstruation Bill, 2017. The Supreme Court in Shailendra Mani Tripathi v. Union of India (2024 SCC OnLine SC 1694) had directed the Union and State Governments to frame a menstrual leave policy under the Maternity Benefit Act, 1961, and the Karnataka policy was a response to that directive. The court held that the policy embodies a progressive step towards gender equity and workplace dignity, and that the State must ensure its translation into tangible implementation, particularly for vulnerable women in the unorganized sector. It accordingly disposed of the writ petition with directions to the respondents to enforce the policy, issue guidelines for awareness, and consider the petitioner's representation in a time-bound manner.
Headnote
A) Labour Law - Menstrual Leave Policy - Implementation - Karnataka Government Order No. LD 466 LET 2023 dated 20.11.2025 - Petitioner worker sought mandamus to enforce policy; State agreed with policy but noted practical difficulties; Court considered the policy's genesis, consultative process, and precedent of Supreme Court in Shailendra Mani Tripathi v. Union of India; Held that the policy, being a progressive step for gender equity, must be implemented with adequate sensitization across all sectors, especially unorganized sector (Paras 1-8). B) Constitutional Law - Directive Principles and Fundamental Rights - Writ of Mandamus under Article 226 - State's affirmative obligation - The State of Karnataka formulated the Menstrual Leave Policy after a dedicated committee's recommendation; the policy aims to provide at least one day's leave during menstruation; the court recognized that such policy is essential to uphold dignity of women workers; Held that the State is obligated to issue guidelines and circulars to ensure uniform implementation (Paras 2.3, 6, 8).
Issue of Consideration
Whether the State of Karnataka is obligated to implement and enforce the Menstrual Leave Policy across all establishments, including the unorganized sector, and whether appropriate directions should be issued for its effective implementation
Law Points
- menstrual leave is a facet of workplace justice and gender equity
- State must implement policy formulated after due consultation
- Supreme Court directed consideration of menstrual leave policy under Maternity Benefit Act
- implementation must extend to unorganized sector
- sensitization and awareness necessary
