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The Karnataka High Court stayed the government's menstrual leave notification on November 20
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The stay was challenged by the Bangalore Hotels Association and other petitioners citing lack of authority
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The November order mandated one day of paid menstrual leave monthly for women employees in various sectors
The High Court of Karnataka, in an interim order on Tuesday, stayed the November 20 government notification mandating that industrial establishments registered under various laws provide one day of paid menstrual leave per month, reports news agency ANI.
Challenged by petitioners including the Bangalore Hotels’ Association and Avirata AFL Connectivity Systems Ltd., the stay stems from arguments that the government lacked statutory authority under laws like the Factories Act, 1948, to impose such leave via executive order without prior consultation.
The Bangalore Hotels Association (BHA) had recently approached the Karnataka High Court challenging the state government's directive in November making menstrual leave compulsory for women employees across various sectors. The association has questioned the very basis of the order, highlighting that the state itself has not extended such leave to women working in government departments.
It had termed the order discriminatory, pointing out that the state, despite being one of the largest employers of women, has not implemented a similar provision for its own workforce.
Karnataka Govt's Notification On Menstrual Leave
In Nov., the Karnataka government had issued an order mandating one day of paid menstrual leave a month to women aged 18-52, working in permanent, contractual and outsourced jobs.
It is applicable to women working in all industries and establishments registered under the Factories Act, 1948; Karnataka Shops and Commercial Establishments Act, 1961; Plantation Workers Act, 1951; Beedi and Cigar Workers (Conditions of Employment) Act, 1966; and Motor Transport Workers Act, 1961, it had said.
On December 2, the government ordered the granting of one day of menstrual leave every month to female government employees of the state with immediate effect.
Menstruating women government employees between the age group 18 and 52 are eligible to avail this leave. "The authority competent to grant casual leave may grant menstrual leave, and no medical certificate is required to avail this leave," the order said.
"This leave should be entered separately in the leave/attendance book, and should not be combined with any other leave," it added. The government has not yet responded on the Karnataka High Court's interim order passed today.
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