Karnataka HC recalls stay on menstrual leave policy, decides to hear the case on Wednesday

The high court on Tuesday recalled an interim stay it issued on the notification granting a day’s paid menstrual leave in a month and decided to hear the subject on Wednesday.

Justice Jyoti M first stayed a November 20 notification on the menstrual leave, while hearing a writ petition from Bangalore Hotels Association and Management of Avirata AFL Connectivity Systems.

Advocate General Shashi Kiran Shetty, on learning about the stay, urged the court to recall the stay. He said he would personally appear and make submissions on the subject on Wednesday. The judge agreed.


Petitioners challenged the validity of the notification on the grounds that there was no provision in the statutes to grant leave during menstrual cycle and that the Government enjoyed no such power under the law to introduce an additional leave by way of a notification.

The Karnataka Cabinet, on October 9, approved a new menstrual leave policy for women working in both government and the private sector, including garment units, multinational and technology companies becoming the first state to introduce a comprehensive policy on the subject. The policy allowed women to claim a day’s paid leave in a month.

Last year, Odisha introduced a menstrual leave policy for women workers in both the state government and private offices. Bihar has such a policy but only for government employees while students in Kerala’s government-run universities have a 2% exemption in attendance. In Arunachal Pradesh capital Itanagar women police personnel get a special leave during their periods.

Individual tech companies and startups have their own menstrual leave policy. Food delivery company Zomato is said to be the first to introduce such a policy five years ago followed by Byju’s and Swiggy, and construction major L&T.

Congress MP Hibi Eden (Ernakulam) had come up with a private member Bill on the Right to Women to Menstrual Leave and Free Access to Menstrual Health Products.