Proposed Bill on menstrual leave in Karnataka put on the back burner

The State government’s plans on ushering in the Karnataka Women Well Being Leave Bill, 2025, seen as a pioneering legislation in the country, seems to have gone on the backburner for the time being amid opposition from several quarters.

The Bill was proposed to be introduced during the last Winter Session in Belagavi, even as the Government Order on the one-day menstrual leave a month had been questioned in the Karnataka High Court. The Bill, however, did not make it to the legislature.

Opposition

“We have decided to put the Bill on the backburner due to opposition. It was also felt that school girls who are also covered in the Bill could be stigmatised if they avail themselves of the menstrual leave. It was felt that the Bill required wider consultation,” sources in the government told The Hindu.

He also acknowledged that there was opposition from a few Ministers as well.

After the Cabinet cleared the Menstrual Leave Policy in November, 2025, applicable to women aged between 18 and 52, a GO that followed brought the private sector under the fold. Later, it brought the government employees too under its ambit.

However, to make the policy legally stronger, a legislation, it was felt, was essential. That is because Plantations Labour Act, 1951, Karnataka Shops and Commercial Establishments Act, 1961, The Factories Act, 1948, The Mines Act, 1952, Beedi and Cigar Workers Act, 1966 and Motor Transport Workers Act, 1961, that applies to workplaces do not have provision for menstrual leave.

Broader coverage

In fact, going a step forward from the GO, the government had proposed to remove the 18 years eligibility criteria to accommodate school/ college students under the legislation, besides proposing fines for those violating the provisions, which was regarded radical.

According to a Minister aware of the development, there was possibility of reviving the Bill after further consultation.

Four months later...

Nearly four months after the government introduced one-day menstrual leave policy and issued a GO, its implementation across industries has remained lackadaisical.

In the government sector, individual departments have started notifying the implementation. The Education Department notified the leave recently.

A large number of industries seem to be citing the ongoing case in the Karnataka High Court as the reason not to implement the leave policy right away.

Confusion

However, a Law Department sources argued, “The High Court in December has recalled the stay order on the GO, which effectively means that the GO is still legal.”

According to a Minister, the court case seems to have caused confusion, and that it is likely the issue will be addressed in the Budget.

Governor Thaawarchand Gehlot, in his Republic Day address, termed paid menstrual leave policy of Karnataka as one of the “revolutionary decisions” in the country for the health and well-being of women.

While the first notification of November 12, 2025, brought only private sector under the ambit, a subsequent order on December 2, 2025, covered the government employees.

According to trade union sources, though some industries have already implemented the leave policy, a large number of them have informed the unions that they would wait for the court order since the GO is under litigation.

“In some cases, though factories have implemented the policy, the menstrual leave is connected to attendance incentive that is provided to employees with full attendance in a month,” sources said.

No penalty clause

The absence of any penalty clause in the GO on industries or individuals denying the menstrual leave is being seen as a loophole, making it difficult to implement. Besides, the government has not identified any department/ agency to monitor the implementation.

“The proposed Bill has both monitoring provisions as well as provisions to levy a penalty of ₹5,000 for denying leave. The GO, in the absence of a legislation, is weak,” a trade union source said.