Menstrual leave: Karnataka’s is very progressive policy, govt tells HC

The state government on Wednesday informed the high court that its policy of granting a day’s paid menstrual leave in a month is a progressive one introduced after a thorough study and application of mind.

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. The government notified the policy on November 20.

Advocate General Shashikiran Shetty submitted to the court that the government came up with the policy to ensure humane conditions at work for women. The government studied several objections before finalising the policy.


Such policies were in vogue in parts of the world, the advocate general said.

Bangalore Hotels Association and Management of Avirata AFL Connectivity Systems, and Fesil Aerospace Technologies have challenged the policy on the grounds that there was no provision in the statutes to grant leave during menstrual cycle and questioned the government’s competence to introduce the policy by way of a notification.

Justice Jyoti M said the subject called for a detailed hearing before passing an order and posted the case to January 20 for further hearing. The judge did not give any directions on the policy after recalling an interim stay on Tuesday.

When the petitioners requested a commitment from the government not to precipitate the matter till the next date of hearing, the advocate general told the court that the government intended to implement the policy.

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.