Karnataka: Govt mulls bill on menstrual leaves for working women

Bengaluru: The Labour Department is considering introducing a law to enforce the policy of menstrual leaves for working women, which the Cabinet approved recently. 

As per the policy, all menstruating women working across government and private sectors will be entitled to one menstrual leave per month. An 18-member committee headed by Dr Sapna S of Christ Deemed-to-be University had recommended six days leave per year, which was enhanced to 12 by the government.

“We will issue a government order (GO) first. We have already proposed a bill and are considering preparing it if need be,” Labour Minister Santosh Lad told DH.

Sources in the department feel that a bill is necessary, as a GO, which isn’t an Act, will not have the same legal sanctity and can be struck down by the courts. 

Law Commission drafts bill

In the meantime, the Law Commission of Karnataka has drafted the Karnataka Menstrual Leave and Hygiene Bill, 2025. As per a copy of the Bill, which DH has accessed, the definition of “menstruating person” includes girls, women and transgender persons. 

The Bill mandates menstrual leave for both working women and menstruating students, unlike the policy, which only dealt with working women. 

As per the Bill, menstruating persons who are studying or employed can take up to 2 days off per month either consecutively or intermittently, provided the overall menstrual leaves per year doesn’t exceed 12 days.

The Bill proposes establishing the Karnataka Menstrual Leave and Hygiene Authority, which shall redress grievances arising from complaints received from menstruating persons. 

However, there are concerns about whether one single authority for the entire state will be practically feasible, with some sources opining that district-level grievance redressal committees will be more beneficial.

The Bill penalises denying leave to a menstruating person by imposing a penalty of Rs 5,000 for each contravention of the provisions of the Act.

Sources in the Labour Department feel the Bill may have to be modified, since some provisions (including menstruating students) go above the jurisdiction of the department, which only covers working persons. 

Any Bill that covers non-working women will need approval from other concerned departments, sources feel. Currently, it’s unclear whether the penal provisions will be retained or not.

There’s also an opinion that if only working women are considered, necessary amendments to the Karnataka Shops and Commercial Establishments Act and Factories Act will suffice instead of a Bill.