Menstrual health linked to fundamental right to life: HC

E-PaperSubscribeSubscribeEnjoy unlimited accessSubscribe Now! Get features like The Karnataka High Court on Wednesday held that a woman’s menstrual health is intrinsically linked to her right to life under Article 21, and directed the State government to “strictly and faithfully implement” its menstrual leave policy in force from December 2025. Menstrual health linked to fundamental right to life: HCThe policy mandates registered establishments to grant one day of leave per month to women employees aged 18 to 52 during their menstrual cycle, until the proposed new, detailed law on menstrual leave is enacted. Justice M. Nagaprasanna added that once the proposed law, the Karnataka Menstrual Leave and Hygiene Bill, is passed, the State must, “without any undue delay frame appropriate rules” to give the law a “full and meaningful effect.” The judge said that the measure cannot remain a mere declaration but must translate into tangible relief for women workers across sectors, particularly the unorganised sector. Justice Nagaprasanna also told the Karnataka government not to let criticisms of its policy on the ground of breach of the right to equality affect its implementation. he said that concerns about violating Article 14 were misplaced, because while men and women are equal before the law, they are biologically different. Recognising these differences, especially in matters of health, dignity, and bodily autonomy, does not undermine equality but rather “advances substantive equality” by addressing real, lived disparities, the Court said. “This Court would also observe that the State ought not to be deterred or constrained by misplaced apprehensions founded upon a superficial invocation of Article 14 of the Constitution of India. Men and women stand equal in the eyes of the law; yet, they are biologically distinct. To acknowledge such differences, particularly in matters concerning health, dignity, and bodily autonomy, is not to transgress the guarantee of equality, but to give it substantive meaning,” Justice Nagaprasanna said. While the Court refrained from issuing a blanket direction for immediate universal enforcement of the policy, it observed that, in light of the Supreme Court’s January 2026 ruling in Jaya Thakur vs Union of India, menstrual health is linked to the right to life under Article 21, and any State measure in this regard advances constitutional guarantees. In a detailed 82-page order, Justice Nagaprasanna, who was presiding over the matter before the Dharwad Bench of the High Court, emphasised that once a policy aimed at ensuring dignity and workplace equity has been framed, the State is under an obligation to ensure its effective and uniform implementation, particularly for women in vulnerable and unorganised sectors. The order came on a petition filed by a 41-year-old woman hotel worker from Belagavi district, who sought enforcement of the State’s November 2025 Government Orders introducing menstrual leave. She argued that despite the policy’s progressive intent, it remained largely unimplemented in smaller establishments, leaving women like her to continue working through physically taxing conditions during menstruation. The Court agreed, noting that menstrual health is intrinsically linked to dignity, equality, and humane working conditions. It observed that policies recognising menstrual leave are not merely welfare measures but reflect a constitutional commitment to substantive equality for women in the workplace. Karnataka’s existing policy grants one day of paid menstrual leave per month, up to 12 days annually, to women employees across public and private sectors. The State government defended the policy in court as a “progressive step,” but argued that there were practical challenges in monitoring compliance, especially in the unorganised sector. However, the High Court made it clear that administrative difficulties cannot dilute the State’s obligation, and said authorities must take concrete steps to ensure that the benefit reaches all eligible workers, including those in small establishments such as hotels, shops, and informal workplaces. After the Cabinet approved Karnataka’s menstrual leave policy in November 2025 for women aged 18 to 52, a Government Order passed in December extended it to the private sector and later to government employees. However, since existing labour laws, including the Factories Act, Shops and Establishments Act, and others, do not provide for menstrual leave, the State proposed a dedicated legislation to give the policy stronger legal backing. The proposed Bill also includes students and introduces penalties for non-compliance. Another Bench of the High Court is currently hearing a batch of petitions both in support of and opposing the Bill. Ayesha Arvind is a Senior Assistant Editor, specialising in legal and judicial reportage. She tracks high courts and tribunals, bringing key legal developments and their broader impact to the forefront.Read More