The Karnataka government has told the High Court that its policy granting women one paid menstrual leave per month fosters an inclusive, equitable, and dignified work environment, pushing back against challenges by the Bangalore Hotels Association and private employers. The state argued that the order aligns with constitutional provisions and sets a progressive standard for workplace gender equality.
The matter arose after the Bangalore Hotels Association and Avirata AFL Connectivity Systems questioned the legal basis of the government’s November 20 order, contending that existing statutes regulating working conditions do not authorize menstrual leave. Karnataka, in its written response, maintained that the policy is a welfare measure intended to help women manage health issues during menstruation while reducing workplace stigma.
Senior officials highlighted that the policy draws inspiration from international practices and aims to encourage productivity without discrimination. The state also emphasised that the order was issued following consultations with experts and stakeholders, reflecting a carefully considered administrative decision.
While the High Court has yet to deliver a final verdict, the government’s submissions underscored that the policy is constitutionally supported under Articles 14, 15(3), 21, and 42, protecting women from discrimination due to natural biological processes.
The state stated, “It aligns with the constitutional scheme of positive action under the ‘Equal Protection of Laws’ and fosters an environment where biological differences do not translate into professional disadvantages.” The government also challenged the maintainability of the petitions, urging the Court to dismiss them as an improper attempt to contest an executive order.
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