Menstrual Leave in Karnataka - What the Karnataka High Court Judgment Means for Employers

(Harinie Seenivasan and Arjun Paleri) 

On April 15, 2026, the High Court of Karnataka, in a significant order¹, directed the State Government to implement its Menstrual Leave Policy across all establishments, both organised and unorganised. The court’s ruling resolves the uncertainty that had surrounded the Policy since it was challenged in December 2025 and signals a clear direction for employers in Karnataka. This article outlines the background to the ruling, its implications, and the steps employers should now consider. 

Background 

In November 2025, the Karnataka State government notified its Menstrual Leave Policy 2025 ("Policy"), requiring all registered establishments to grant 1 paid day of leave per month to women employees between the ages of 18 and 52, including permanent, contract, and outsourced workers. The Policy was accompanied by the Karnataka Menstrual Leave and Hygiene Bill, 2025 ("Bill"), which, once enacted, will give the Policy statutory force. 

Subsequently, in December 2025, the Bangalore Hotels Association approached the Karnataka High Court to challenge this requirement. Pending arguments, the Karnataka High Court granted an interim stay against the implementation of the Policy. Separately, a group of working women also challenged the Policy on the basis that mandatory menstrual leave could create workplace bias and prove counterproductive. As a result, the implementation of the Policy remained on hold for several months. 

The April 15 judgment resolves this uncertainty. In a petition filed by a hotel worker from Belagavi, Karnataka, who worked in the unorganised sector and had been denied the benefit of the Policy, the High Court directed that the Policy must be implemented across all sectors without delay and without waiting for formal legislation. 

What the Court Held 

The Karnataka High Court held that a woman’s menstrual health, dignity, privacy, and bodily autonomy form part of her fundamental right to life under Article 21 of the Constitution. In doing so, it elevated menstrual leave from a policy choice to a constitutionally grounded entitlement. The Court also rejected concerns that a gender-specific leave policy is impermissible, holding that substantive equality allows for differential treatment where biological and health-related differences materially exist. 

The Court also clarified that the Policy need not wait for the enactment of the Karnataka Menstrual Leave and Hygiene Bill, 2025. Since the Policy had already been notified, the State was directed to ensure its implementation without delay. 

In reaching this view, the Court’s reasoning is aligned with the idea of substantive equality. In simple terms, equality does not always mean treating everyone in exactly the same manner. Article 15(3) of the Constitution permits the State to make special provisions for women, and the Court viewed menstrual leave as a measure connected to health, dignity, and workplace participation. 

What This Means for Employers 

The ruling leaves little room for employers in Karnataka to delay. The Policy is in force, and compliance is expected. Establishments covered by the Policy should now provide 1 paid day of menstrual leave per month to eligible women employees between the ages of 18 and 52. The leave must be used within the relevant month and cannot be carried forward. 

The Policy is also important because it covers permanent, contract, and outsourced workers. Employers should therefore not limit their review to internal HR policies. Contracts with staffing agencies, facility management vendors, security service providers, housekeeping contractors, and other manpower suppliers may also need to be checked to ensure that eligible workers are not denied the benefit in practice. 

What Employers Should Do Now 

Employers should consider the following: 

1. Update Policies and HR Systems: Employers should update their leave policies to include menstrual leave as a separate paid leave category. Payroll, attendance, and HR systems should also be aligned so that availing such leave does not result in wage deduction or adverse attendance treatment. 

2. Policy to Avail the Leave: The process for availing menstrual leave should remain simple and respectful. Since the Policy states that no medical certificate is required, employers must not request employees to submit any medical proof. 

3. Sensitisation and Bias: Managers and HR teams should also be sensitised. One of the concerns around menstrual leave has been that it may unintentionally lead to workplace bias. Employers should ensure that the benefit is not used, formally or informally, to make assumptions about reliability, productivity, promotions, or work allocation. 

The April 2026 judgment gives immediate effect to Karnataka’s Menstrual Leave Policy and makes it necessary for employers to review their workplace practices. At the same time, the implementation of the Policy should not be reduced to a regular HR update. The purpose of the judgment is to support menstrual health, dignity, and equal participation at work. Employers should therefore implement the Policy in a manner that is clear, confidential, and free from stigma.