The Dharwad Bench of the High Court of Karnataka directs the implementation of the menstrual leave policy

On Wednesday, 15^th April 2026, the Karnataka High Court (Dharwad Bench) affirmed the recognition of the ‘right to menstrual leave’ as encompassed within Article 21 of the Constitution of India. The court directed the State Government to implement its ‘menstrual leave policy’ notification across all establishments, including those in the unorganised sector, while the formal enactment of the proposed legislation is pending. This decision was rendered in response to a petition filed by a female daily wage worker employed at a hotel in Belagavi, Karnataka.

In its order, the Honourable Court stated the following:
“This Court deems it appropriate to dispose of the present petition by issuing a direction for the strict and faithful implementation of the existing policy, pending the formal enactment of the proposed legislation. Upon such enactment, the state shall, without undue delay, frame appropriate Rules so as to give full and meaningful effect to the statutory mandate. In the interregnum, it shall be incumbent upon the state to ensure effective operationalization of the policy through the issuance of suitable guidelines, circulars, and administrative instructions, as may be necessary to secure its uniform, consistent, and rigorous implementation across all sectors”

“Men and women stand equal in the eyes of the law; yet, they are biologically distinct. To acknowledge such differences, particularly in matters concerning health, dignity, and bodily autonomy, is not to transgress the guarantee of equality, but to give it substantive meaning.”

Context:

The Government of Karnataka, through GO no. LD466 LET 2023, dated 12^thNovember 2025, had issued a notification regarding the menstrual leave policy, which allowed for one day of paid leave per month (12 days annually). According to the notification, women aged between 18 and 52 are eligible to take this menstrual leave, which is applicable to permanent, contract, or outsourced employees.

Additionally, it is important to highlight that the petitions submitted by the Bangalore Hotels Association, the Karnataka Employers Association, and others contesting the legality of the Menstrual Leave policy are currently under consideration by another judge in the Principal Bench of the High Court in Bengaluru.