Jan 2026 Court updates on KN Menstrual Cycle Leave compliance:
No fresh stay was granted on 20 January 2026. The High Court has maintained its December position: the government notification continues to operate and is legally valid for now. The Bench, led by Justice Jyoti M., reiterated that the issue is one of public importance and requires detailed examination of constitutional and statutory powers rather than an ad-hoc interim order. The matter has been adjourned for further arguments, with final adjudication expected in the coming weeks.
Background and core legal issue:
The primary challenge by the Bengaluru Hotels Association (BHA) is on the ground of executive overreach — whether the State can introduce a substantive employment benefit through an executive notification instead of amending the Shops and Establishments Act through legislation.
State’s constitutional defence:
The Government argues that the notification is a form of beneficial subordinate legislation, traceable to its executive powers and justified under:
- Article 15(3) – Special provisions for women
- Article 42 – Just and humane conditions of work
As of now, establishments are legally obligated to grant one day of paid menstrual leave per month under the November 2025 notification. There is no judicial protection against non-compliance.
Ground reality: Karnataka Labour Department officers have reportedly conducted field visits in parts of Bengaluru over the past week, verbally directing employers to implement the policy and confirm compliance. However, no written notices have been initiated so far. In light of the above, establishments should take an informed decision in consultation with the legal team/counsel on this topic.