Bangalore Hotels Association Challenges State’s Compulsory Menstrual Leave Policy in Karnataka HC

The Bangalore Hotels Association (BHA) has filed a petition before the Karnataka High Court challenging the latest direction issued by the Karnataka Labour Department, requiring all establishments to grant women employees one paid menstrual leave day every month.

The association argues that the Labour Department’s order has no backing in existing labour laws and imposes an unreasonable burden on private employers.

The government notification, issued on 12 November, makes menstrual leave compulsory across sectors governed by five labour statutes, including the Factories Act and the Karnataka Shops and Commercial Establishments Act. It extends the entitlement not only to permanent employees but also to contractual and outsourced workers, effectively bringing a wide range of industries under its scope.

"If at all the Government wanted to introduce menstrual leave in the industrial establishments, it was legally required to amend the above statutes through legislative process incorporating necessary provisions," the association states. 

The BHA contends that the state has overstepped its regulatory authority by introducing a leave category that is not contemplated in any of the laws cited in the order.

According to the petition, matters such as special leave policies must be left to internal administrative decisions rather than imposed uniformly through executive directions.

The association has also questioned why the state government has not implemented a similar menstrual leave policy for its own women employees, calling the direction discriminatory.

It argues that compelling private establishments to bear the financial and operational impact of the new rule, while exempting government departments from the same obligation, reflects arbitrary decision-making.

Moreover, the association has argued that granting menstrual leave is regressive in nature, which could potentially harm the employability of women in the private sector.

"It may represent a form of benevolent sexism, suggesting that women require special treatment due to their biology undermining their equality in the workplace. Therefore, even though the notification seems positive, it will lead to gender bias resulting in workplace discrimination," their plea says. 

The petition has been filed through Advocate B.K. Prashanth of M/s CCI –Legal.

The petition is likely to come up for hearing before the bench of Justice Jyothi Mulimani

The Karnataka Labour Department issued a notification (Government Order No. LD 466 LET 2023) dated 12 November 2025 under the Karnataka Menstrual Leave Policy 2025 requiring all establishments registered under the Factories Act, 1948, the Karnataka Shops and Commercial Establishments Act, 1961, the Plantations Labour Act, 1951, the Beedi and Cigar Workers (Conditions of Employment) Act, 1966 and the Motor Transport Workers Act, 1961 to grant one paid day of menstrual leave per month to women employees aged 18–52, whether permanent, contractual or outsourced.