The Karnataka High Court on Tuesday withdrew its earlier stay on the state government’s order mandating one day of paid menstrual leave per month for women employees. Justice Jyoti M recalled the interim order after hearing arguments from the Karnataka Advocate General, Shashi Kiran Shetty, who contended that the relief granted was contrary to Supreme Court precedent. The court is scheduled to hear the government’s arguments in detail tomorrow.
The Karnataka government had issued the order last month, entitling women employees aged 18 to 52 years working in permanent, contractual, or outsourced roles to one day of menstrual leave each month. The move aimed to support women’s health and well-being across all industries and establishments registered under the Factories Act, 1948, the Karnataka Shops and Commercial Establishments Act, 1961, and other labour laws.
However, the order faced immediate opposition. A petition was filed by the Bangalore Hotels' Association and Avirata AFL Connectivity Systems, arguing that the state government lacked authority to mandate menstrual leave through an executive notification. The petitioners claimed that the notification failed to specify the legal power under which it was issued.
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The petition also contended that existing labour laws already provide sufficient leave provisions for employees and that additional mandatory leave could impose financial burdens on employers, especially in sectors like hospitality and plantations. They further criticized the government for introducing the measure without consulting industry stakeholders.
Advocate General Shetty argued that the initial stay was inconsistent with Supreme Court guidance and requested the court to reconsider its interim order. Justice Jyoti M agreed to withdraw the stay temporarily and scheduled a full hearing of the matter for the following day.
The decision has sparked widespread debate over women’s rights, workplace policies, and employer obligations. Advocates argue that paid menstrual leave can promote workplace equality and employee health, while industry groups warn of potential financial and operational implications. The final verdict will determine the immediate implementation of this policy across Karnataka.
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