The Karnataka Government’s paid menstrual leave notification, which is still a matter of legal deliberation.
As you may be aware, the Karnataka High Court has issued interim directions on this issue, and the recent judgment from the Dharwad Bench on 23rd April 2026 directed the State Government to enforce the policy across all sectors. This judgment has mandated the implementation of one day of paid menstrual leave per month for women employees (as per the Government Notification dated 20th November 2025). The directive applies to all women employees between the ages of 18–52 years, across both the organised and unorganised sectors.
However, it is important to note that the matter is still pending before the Karnataka High Court in the case of Bangalore Hotels Association vs. Government of Karnataka. The court has yet to issue a final ruling on the legal validity of the Government’s notification.
Key Points
- Applicability: All women employees aged 18–52 years, across organised and unorganised sectors.
- Entitlement: One day of paid menstrual leave per month (per Government Notification dated 20 November 2025).
- Compliance Mandate: Employers must update HR policies immediately and ensure awareness among female employees.
- Audit Risk: Non‑implementation may attract penalties during labour inspections.
- Next Steps: Await passage of the Menstrual Leave and Hygiene Bill, 2025, which proposes expanded protections.
Action for Employers
- Update leave policies to reflect entitlement.
- Communicate the benefit to employees.
Takeaway as per this Judgment: Menstrual leave is now judicially enforceable in Karnataka. Employers must act promptly to align policies and ensure compliance.
The TWO different cases
Case 1: Bangalore Hotels Association (R) vs. Government of Karnataka
- Writ Petition Nos.: 36659/2025 & 37122/2025
- Issue: Challenge to the Government Notification dated 20 Nov 2025 mandating one day of paid menstrual leave.
- Chronology:
- 09 Dec 2025: Interim stay granted.
- Same day: Stay recalled after Advocate General’s intervention.
- Status: No stay in force; notification operative but validity under judicial consideration.
- Legal Position: Adjouned.
- Core Question: Whether the State could introduce menstrual leave via executive notification instead of amending the Shops & Establishments Act.
Case 2: Chandravva Hanamant Gokavi vs. State of Karnataka & Others
- Date: 23 Apr 2026 (Dharwad Bench).
- Issue: Enforcement of menstrual leave policy after a worker was denied leave despite notification.
- Outcome:
- Court directed immediate implementation of one day’s paid menstrual leave across all sectors.
- Held that recognizing menstruation advances substantive equality under Article 14.
- Enforcement to continue until the Menstrual Leave and Hygiene Bill, 2025 is enacted.
Relationship Between the Two Cases
- The Hotels Association case questions the validity of the notification (executive fiat vs. legislative amendment).
- The Chandravva case enforces the practical implementation of the same notification.
- The Dharwad Bench judgment (23 Apr 2026) strengthens operational enforceability, even while legal validity is under challenge.
Key Points for Your Consideration:
- Both cases stem from the same November 2025 Government Notification.
- Compliance is mandatory now (per Dharwad Bench KN High Court directive).
- Final legal clarity will depend on the outcome of the writ petitions.
- The Hotels Association case focused on procedural technicalities, but the Dharwad Bench judgment emphasized constitutional rights.
- By affirming menstrual health as part of Article 21 (Right to Life), the Court has made the procedural challenge less relevant.
- The Dharwad Bench judgment now requires implementation of the menstrual leave policy, but legal clarity is still pending, especially with the ongoing Bangalore Hotels Association case.