Karnataka High Court Links Menstrual Health to Right to Life, Mandates Leave Policy Implementation
Menstrual health linked to fundamental right to life: HC
Hindustan Times
Image: Hindustan Times
The Karnataka High Court ruled that menstrual health is linked to the right to life under Article 21 of the Indian Constitution. The court directed the state government to implement its menstrual leave policy, allowing women aged 18 to 52 one day of leave per month, and emphasized the need for effective enforcement, particularly in the unorganised sector.
- 01The Karnataka High Court affirmed that menstrual health is a fundamental aspect of the right to life.
- 02Women employees aged 18 to 52 are entitled to one day of paid menstrual leave per month.
- 03The court directed the state to implement the menstrual leave policy effectively, especially in smaller establishments.
- 04Concerns about equality were addressed, emphasizing that recognizing biological differences supports substantive equality.
- 05The proposed Karnataka Menstrual Leave and Hygiene Bill aims to strengthen legal backing for menstrual leave.
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The Karnataka High Court ruled that a woman's menstrual health is intrinsically linked to her right to life under Article 21 of the Indian Constitution. The court directed the Karnataka government to implement its menstrual leave policy, which allows women aged 18 to 52 one day of paid leave per month during their menstrual cycle, starting from December 2025. Justice M. Nagaprasanna emphasized that the policy must translate into tangible relief for women, especially in the unorganised sector, where compliance has been challenging. The court rejected criticisms regarding equality, stating that acknowledging biological differences does not undermine equality but promotes substantive equality. The existing policy grants up to 12 days of paid menstrual leave annually, but the court noted that practical challenges should not hinder its implementation. A proposed Karnataka Menstrual Leave and Hygiene Bill aims to provide stronger legal backing and extend benefits to students, with penalties for non-compliance. The High Court's decision highlights the importance of menstrual health in ensuring dignity and humane working conditions for women.
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This ruling ensures that women in Karnataka can take necessary leave during menstruation, promoting better health and working conditions.
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