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Karnataka High Court Recalls Stay on Menstrual Leave Order, Sets Detailed Hearing

The case moves to a fresh hearing at the state’s request, with the November 20 notification remaining operative for now.

Overview

  • Justice Jyoti M initially stayed the notification on Tuesday morning on petitions by the Bangalore Hotels Association and Avirata AFL Connectivity Systems Ltd.
  • The stay was withdrawn hours later after Advocate General Shashi Kiran Shetty sought reconsideration, and the court listed the matter for further hearing on Wednesday.
  • The government has been directed to file a statement of objections as the High Court examines the notification’s legal basis and procedure.
  • The policy mandates one paid day of menstrual leave each month for women aged 18–52 across establishments under multiple labour laws, requires no medical certificate, and bars carryover.
  • Petitioners argue the directive lacks statutory authority and stakeholder consultation and conflicts with existing leave regimes, raising Article 14 and operational concerns; Karnataka separately extended the leave to its own employees on December 2.