The Karnataka High Court on Wednesday ruled that a woman’s menstrual health is intrinsically linked to her right to life under Article 21, and ordered the state government to “strictly and faithfully implement” the menstrual leave policy effective from December 2025.
The policy requires registered institutions to grant one day of leave per month to female employees between the ages of 18 and 52 during their menstrual cycle, until the proposed new detailed law on menstrual leave is enacted.
Judge M added: Nagaprasanna said that once the proposed law, the Karnataka Menstrual Leave and Hygiene Bill, is passed, the state must, “without any undue delay, make appropriate rules” to give the law “full and meaningful effect”. The judge said that this measure cannot remain just an announcement, but must be translated into tangible relief for female workers in various sectors, especially the unorganized sector.
Justice Nagaprasanna also asked the Karnataka government not to allow criticism of its policy on the grounds of violation of the right to equality to influence its implementation. He said concerns about violating Article 14 were misplaced, because although men and women are equal before the law, they are biologically different. The court said that recognizing these differences, particularly in matters of health, dignity and bodily autonomy, does not undermine equality but rather “promotes substantive equality” by addressing real and lived disparities.
“This Court will also observe that the State should not be deterred or constrained by misplaced fears based on a superficial invocation of Article 14 of the Constitution of India. Men and women are equal in the eyes of the law; however, they are biologically different. Recognizing these differences, particularly in matters relating to health, dignity and bodily autonomy, does not mean violating the guarantee of equality, but rather gives them objective meaning,” Justice Nagaprasanna said.
While the court refrained from issuing a blanket direction for immediate global implementation of the policy, it noted that in view of the January 2026 Supreme Court judgment in Jaya Thakur v. Union of India, menstrual health is linked to the right to life under Article 21, and any action taken by the state in this regard reinforces the constitutional guarantees.
In a detailed 82-page order, Justice Nagaprasanna, who was presiding over the case before the Dharwad bench of the Supreme Court, held that once a policy is formulated aimed at ensuring dignity and equality at the workplace, the state has an obligation to ensure its effective and uniform implementation, especially for women in vulnerable and unorganized sectors.
The order came on the basis of a petition filed by a 41-year-old hotel worker from Belagavi district, who sought implementation of the government’s November 2025 orders on menstrual leave. She said that despite the policy’s progressive intent, it remained largely unenforced in small enterprises, leaving women like her to continue working under physically stressful conditions while menstruating.
The court agreed, noting that menstrual health is intrinsically linked to dignity, equality and humane working conditions. She noted that policies recognizing menstrual leave were not merely social welfare measures but reflected a constitutional commitment to the substantive equality of women in the workplace.
Current Karnataka state policy grants one day of paid menstrual leave per month, and up to 12 days per year, to women employed in the public and private sectors. The state government defended the policy in court as a “progressive step”, but said there were practical challenges in monitoring compliance, especially in the unorganized sector.
However, the Supreme Court made clear that administrative difficulties could not dilute the state’s commitment, and said that authorities must take concrete steps to ensure that benefits reach all eligible workers, including workers in small establishments such as hotels, stores and informal workplaces.
After the Cabinet approved Karnataka’s menstrual leave policy in November 2025 for women aged 18 to 52 years, a government order was issued in December extending the policy to the private sector and later female government employees. However, since existing labor laws, including the Factories Act, Shops and Establishments Act, etc., do not provide for menstrual leave, the state has proposed dedicated legislation to give the policy stronger legal support.
The proposed bill also includes students and imposes penalties for non-compliance. Another bench of the Supreme Court is currently considering a set of petitions for and against the bill.
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