Menstrual Leave Rule Stayed: Karnataka HC Questions State’s Power to Issue Order
The Karnataka High Court has temporarily stopped the State government’s recent decision that required all establishments to give women employees one paid menstrual leave every month. The order was passed on Tuesday by Justice Jyoti M after a petition was filed challenging the validity of the notification.
The government’s notification had extended this benefit to women working in all industries and establishments covered under laws such as the Factories Act, 1948, the Karnataka Shops and Commercial Establishments Act, 1961, the Plantation Labour Act, 1951, the Beedi and Cigar Workers Act, 1966, and the Motor Transport Workers Act, 1961.
The petition was filed by the Bangalore Hotels Association, which represents over 1,500 hotels, restaurants, bakeries and sweet shops. Another petition by Avirata AFL Connectivity Systems Ltd was also heard on the same issue.
Advocate Prashant BK, appearing for the association, argued that there were already adequate leave provisions available to employees under existing labour laws. He contended that the State government had no legal authority to mandate a monthly paid menstrual leave through an executive order. According to him, the notification did not specify the legal provision under which it was issued.
The association further argued that decisions on menstrual leave should be left to individual establishments and included in their internal HR policies. Imposing such a rule on all employers, it said, would create additional financial and operational burdens, and the government should have consulted stakeholders before issuing the notification dated November 20, 2025.
After hearing the initial submissions, the High Court directed the government to file its response. It also stated that the government is free to seek a modification of the stay order if necessary.
The interim order states:
“There shall be interim order as prayed for. Government to file statement of objections. Liberty to seek modification of the order.”
