Karnataka High Court Directs State to Implement Menstrual Leave Policy Across All Sectors

The Karnataka High Court has directed the state government to strictly implement the menstrual leave policy across all the sectors which also includes the unorganized workforce. The court has also recognized the menstrual leave as a the fundamental right which linked to dignity under Article 21 of the Indian Constitution. This ruling is significant towards the gender sensitive workplace and women’s rights in India.

Menstrual Leave Recognized as a Fundamental Right

The High Court had made it clear that the menstrual leave is not a privilege but it is a matter of dignity, equality and humane working conditions.

Justice M. Nagaprasanna have observed that menstruation is the natural biological process and policies which supporting women during this time will be directly uphold the right to life and dignity under the Article 21.

The court have emphasized that ensuring the menstrual health and comfort is part of the broader constitutional promise of the equality and social justice.

Direction for Implementation Across All Sectors

The court directed the Karnataka state government to,

• Implement the menstrual leave policy strictly across all the workplaces.
• It also extend the benefits to the unorganized sector where the women are often most vulnerable.
• It will ensure the uniform enforcement through guidelines, circulars and the administrative steps

This order will remain in to the force until the proposed Karnataka Menstrual Leave and Hygiene Bill, 2025 is formally enacted.

Background of the Case

The case was filed by the woman daily wage worker who employed at a hotel in Belagavi.

She highlighted the challenges to performing the physically demanding tasks during menstruation period and sought the extension of the menstrual leave benefits.

The existing government notifications which came in November 2025 which was provided one day of paid menstrual leave in the selected industrial establishments.

However the petitioner have demanded that this benefit to be extended to all the sectors while including the informal jobs.

The court has now agreed and noted that unorganized workers require also the greater protection.

Constitutional Perspective Related To Article 21 and Equality

The judgment has been strongly links to the menstrual leave with Article 21 of the Indian Constitution and which guarantees the right to life and personal liberty.

The court have also clarified that implementing the such type of policy does not violate Article 14 (Right to Equality).

Instead it will ensures the substantive equality and it acknowledging the biological differences and providing necessary support.

This interpretation have strengthens the idea that true equality requires the equal treatment but not identical treatment.

Question

Q. Which of the following is NOT part of Article 21 jurisprudence?

A. Right to clean environment
B. Right to dignity
C. Right to vote
D. Right to privacy