Bengaluru, Dec 10, 2025
The Karnataka High Court on Wednesday said that it will take up in January 2026 a series of petitions opposing the state government’s order requiring all registered industrial units to provide paid menstrual leave, noting that the issue holds public significance.
The bench headed by Justice M. Jyothi made the remark while passing the order in this regard.
Advocate General Shashi Kiran Shetty cited Article 42 of the Constitution, noting that it deals with ensuring fair and humane working conditions as well as maternity relief.
He also pointed to Article 15(3) and a Supreme Court directive asking states to extend such benefits. The Advocate General further argued that Karnataka has a progressive legislature, and that menstrual leave is provided in many countries around the world.
He added that the Law Commission has studied the issue in detail and that all stakeholders were consulted before the government issued the notification.
The court observed orally: “You have already filed a detailed objection. Here’s what we will do: Petitioner’s advocate Prashanth, review it and submit a rejoinder if needed. We must hear both sides — those supporting the order and those opposing it.”
The petitioner’s lawyer responded that arguments could proceed in the meantime and requested that the government not take further action until then.
However, the Advocate General insisted: “We will implement the order fully.”
At that point, the court noted: “This issue is of public significance. We will take it up for hearing after the winter break.”
After the discussion, the court dictated its formal order. The Advocate General (AG) appeared and informed the court that the government has already filed its objections in the Bangalore Hotels Association case, and requested that those objections be treated as applicable to the other connected cases as well.
The court said that if the petitioners want to file a rejoinder, they may do so. The petitioners’ lawyer also submitted a memo stating that certain important questions of law have been raised in the case. The court acknowledged this and placed the memo on record.
Earlier, the Karnataka High Court issued an interim order staying the government notification directing registered industrial establishments to provide one-day menstrual leave for working women and directed the government to file objections.
The order was passed while looking into the petition questioning the government order by the Bangalore Hotels Association and Management of Avirata AFL Connectivity Systems Limited. The case will be relisted after the winter vacation. The Bench has also allowed petitioners to seek modification of the order later.
The Bench asked whether the government had consulted or heard from the management before issuing the notification. The counsel said it had not. After that, the court issued the interim order.
The government notification, issued on November 20, mandated industrial establishments to provide paid menstrual leave to women employees.
The petitioners’ counsel argued that the government had issued an executive order directing establishments to grant menstrual leave.
The counsel pointed out that the laws governing industries already provide a complete leave policy, and none of those laws contain any provision that requires employers to provide menstrual leave.
The petition seeking to quash the government order states that the establishments are registered under different labour laws – such as the Factories Act, the Karnataka Shops and Commercial Establishments Act, the Plantations Labour Act, the Beedi and Cigar Workers (Conditions of Employment) Act, and the Motor Transport Workers Act. Under these laws, employees are allowed only 12 days of leave per year.(Agency)
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