The Karnataka government on Wednesday defended its recently introduced menstrual leave policy in the High Court, describing it as a “well-considered, beneficial, and constitutionally compliant” initiative. At the same time, the state is preparing to give the policy stronger legal backing by introducing the Karnataka Women’s Well-being Leave Bill-2025in the state assembly during the ongoing session in Belagavi.

The bill, which seeks to formalize menstrual leave across the state, proposes one day of paid leave each month for women employees aged 18 to 52. In addition, it introduces a penalty of up to ₹5,000 for any employer or official who intentionally denies the leave or discriminates against women on the basis of menstruation. Officials explained that the legislation is aimed at providing legal reinforcement to the government’s November 20 notification, which already granted female government employees one menstrual leave per month, amounting to a total of 12 days a year.

The bill also expands the policy to educational institutions, allowing female students two days of leave each month for menstruation-related concerns. Furthermore, the legislation proposes a 2% relaxation in attendance requirements for female students, recognizing the impact of menstrual cycles on attendance and participation.

A key feature of the proposed law is its penalty clause, which is designed not only to prevent denial of leave but also to address discriminatory behaviors. This includes conduct where a menstruating woman is treated as an “untouchable” or is subjected to adverse treatment for exercising her leave rights. Officials clarified that employees could request leave through a simple application or email, without being required to provide medical certificates. Women who prefer to work rather than take leave would be allowed to do so from home. Supervisors would also be barred from disclosing requests for menstrual leave, ensuring privacy and protection for employees exercising their rights.

The November 20 notification mandated that all industrial establishments registered under relevant labour laws provide one paid menstrual leave per month for women employees, whether permanent, contractual, or outsourced. The leave was to be utilized within the same month, and no medical proof was required, making the policy flexible and user-friendly.

However, the policy faced legal challenges from some quarters. The Bangalore Hotels Association, representing over 1,500 establishments including restaurants, bakeries, and ice cream parlours, along with a private hospitality firm, approached the High Court questioning the policy’s implementation. Their argument was that existing labour statutes already govern leave entitlements and do not provide for menstrual leave.

During Wednesday’s hearing, the Karnataka government, represented by Advocate General Shashi Kiran Shetty, urged the court to dismiss the petitions. The state maintained that the policy is designed to promote dignity, health, job security, and equal participation of women in the workforce. Shetty emphasized that the initiative aligns with constitutional principles of gender equality and workplace fairness.

The petitioners, represented by Advocate Prashanth BK, clarified that their objection was not to the intent behind the policy but rather to the manner in which it was being implemented. They requested the court to prevent the state from implementing the notification until a final hearing.

The High Court, however, declined to stay the notification, allowing the policy to remain in force while scheduling the next hearing for January 20.

Experts note that Karnataka’s move is part of a growing recognition across India of the need to address menstrual health as a workplace concern. While several companies have voluntarily implemented menstrual leave policies, Karnataka’s approach is among the first attempts at state-backed statutory provision, complete with enforceable penalties for non-compliance and discriminatory practices.

The proposed bill, if passed, would not only formalize menstrual leave for government employees but could also serve as a model for private sector compliance. It reinforces the principle that menstruation should not be a barrier to workplace participation and that women should have the necessary accommodations to manage their health without fear of stigma or professional disadvantage.

Officials involved in drafting the legislation highlighted that privacy and autonomy are central to the policy. Women can choose to work instead of taking leave, submit simple requests without medical proof, and remain assured that their supervisors cannot disclose their leave status. These safeguards aim to normalize menstrual leave and integrate it seamlessly into existing work and educational frameworks.

The bill’s introduction is expected to spark wider debates around gender-sensitive workplace policies, employee rights, and the scope of government intervention in labour practices. Critics may continue to question its application in private industries, particularly in small and medium enterprises where operational constraints may make it challenging to grant leave. However, supporters argue that the policy is progressive and overdue, acknowledging menstruation as a legitimate health concern that impacts productivity, participation, and well-being.

In conclusion, Karnataka’s approach represents a significant step toward gender-inclusive labour policy, balancing legal enforceability, workplace dignity, and practical implementation. As the bill moves through the legislative process and the High Court continues to hear challenges, it could establish a precedent for other states to formalize menstrual leave, ensuring that women across India have the right to manage their health with dignity and fairness in both professional and educational settings.

The outcome of the High Court proceedings and the assembly debate in the coming weeks will be closely watched, as it may influence national discourse on gender-sensitive workplace legislation and set benchmarks for employee rights in India.