Menstrual Leave and the Supreme Court: Overview
Menstrual leave has moved from a workplace welfare debate to a legal question, and the answer today is layered. At the national level, the Supreme Court has twice declined to create an entitlement, taking the view that the subject belongs to the executive and the legislature. At the state level, a handful of governments have acted on their own, and one of those policies has now been upheld and enforced by a High Court on constitutional grounds. In the private sector, a number of companies offer the leave voluntarily.
That means the practical answer to "do I have a right to menstrual leave" depends on where you work, who employs you, and whether your state or employer has a policy. This page sets out what the Supreme Court actually said and why, the state-wise position, the Karnataka ruling, and what employees and employers should do while the national picture remains unsettled. On the policy merits there are strongly held views on both sides, and this page reports the arguments rather than endorsing either.
What Were the Cases About?
Advocate Shailendra Mani Tripathi filed a PIL seeking a direction that female students and working women be granted monthly leave during menstruation across the country. He had submitted a representation to the Centre in May 2023, on which nothing final had been decided. On 8 July 2024, the Supreme Court declined to intervene, holding that the issues raised related to objectives of state policy, and permitted the petitioner to move the Secretary, Ministry of Women and Child Development, requesting the Secretary to examine the matter at the policy level after consulting all stakeholders and see if a model policy could be framed. The order expressly did not stand in the way of State Governments acting on their own.
A fresh PIL came up on 13 March 2026, by which time Odisha and Karnataka had adopted policies. The Bench of CJI Surya Kant and Justice Joymalya Bagchi refused to entertain it, expressing concern that a compulsory entitlement could harm rather than help women's employment, and suggesting that voluntary adoption by private companies would be welcome.
The Main Legal Questions
Three questions recur: whether courts can direct the creation of a welfare entitlement that Parliament has not legislated; whether a mandatory entitlement advances equality under Articles 14, 15(3) and 21 or risks disadvantaging women in hiring; and where the line runs between the Centre's role, the States' executive power under Article 162 and voluntary employer policy.
Key Points From the Supreme Court's Orders
The following is a structured, plain-English summary of what the Court has said. These are the Court's observations, reported here for information.
It Is a Policy Question, Not a Judicial One
In July 2024 the Court held that the issue is a government policy aspect and not for the courts to look into, since it involves multifarious objectives of state policy and competing considerations that are better weighed by the executive.
Concern About Unintended Consequences
Both Benches expressed the concern that a court-imposed mandate could be counterproductive, with employers avoiding the recruitment of women, and in March 2026 the Court added that such a provision could unintentionally reinforce gender stereotypes.
The Centre Was Asked to Examine a Model Policy
The 2024 order permitted the petitioner to approach the Secretary, Ministry of Women and Child Development, and requested the Secretary to consider, after consulting all stakeholders, whether a model policy could be framed.
States and Employers Remain Free to Act
The Court made clear that its order would not stand in the way of State Governments taking steps, and in 2026 observed that voluntary grant of such leave by private companies would be excellent. That is the space in which Bihar, Odisha, Kerala and Karnataka have acted.
Relevant Legal Framework
There is no single statute on menstrual leave. Entitlements come from state policy, employer policy or contract, and constitutional arguments are used to support them.
| Central Legislation | Neither the Maternity Benefit Act, 1961 nor the Code on Social Security, 2020 provides for menstrual leave. A private member's Menstruation Benefit Bill introduced in 2017 did not become law, so no central entitlement exists. |
|---|---|
| Constitution — Articles 14, 15(3) & 21 | Equality, the power to make special provision for women, and the right to life with dignity. The Karnataka High Court relied on these, along with the directive principles, to uphold a state menstrual leave policy. |
| Constitution — Articles 39(e), 42 & 162 | Directive principles on the health and strength of workers and on just and humane conditions of work, and the State's executive power, which allows a State to introduce such a policy without fresh legislation. |
| State Policies | Bihar has allowed two days a month to its employees since 1992; Odisha notified one paid day a month for women state government employees up to 55 in 2024; Karnataka's 2025 policy covers women aged 18 to 52 in factories, commercial establishments, plantations and other covered establishments, with one paid day a month, up to 12 a year. |
| Shops & Establishments and Factories Laws | Leave entitlements, working hours, rest intervals and welfare facilities for women workers are otherwise governed by the applicable State Shops and Establishments Act, the Factories Act and standing orders. |
| Employer Policy and Contract | Where a company grants menstrual leave voluntarily, the entitlement flows from the policy or contract, and can be enforced like other contractual service conditions. |
Timeline of Developments
Bihar Leads
Bihar allows women government employees up to two days of menstrual leave a month, the earliest state policy of its kind in modern India.
A Bill That Did Not Pass
A private member's Bill proposing menstrual leave is introduced in Parliament but does not become law, leaving the field to state and employer policy.
Supreme Court Declines to Intervene
A Bench of CJI D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra disposes of the PIL, holds the issue to be one of policy, and asks the Ministry of Women and Child Development to consider a model policy after stakeholder consultation.
Odisha Notifies Its Policy
Odisha announces and then formalises one paid day of menstrual leave a month for women state government employees up to the age of 55, over and above their casual leave.
Karnataka Extends It to the Private Sector
The Karnataka Cabinet approves the Menstrual Leave Policy, 2025, followed by a notification of 12 November 2025 and a government order of 20 November 2025, making it the first State to mandate the leave for private employers.
Supreme Court Refuses a National Mandate
A Bench of CJI Surya Kant and Justice Joymalya Bagchi declines to entertain a fresh PIL, citing concerns about employment prospects and stereotypes, while welcoming voluntary adoption by private companies.
Karnataka High Court Enforces the Policy
In Chandravva Hanamant Gokavi v. State of Karnataka, the Dharwad Bench upholds the policy's constitutional validity and directs strict and uniform implementation pending enactment of the proposed Bill.
A Patchwork, Not a National Right
Entitlement depends on the State, the sector and the employer's own policy, while the Centre's consideration of a model policy continues.
What Does This Mean in Practice?
For Women Employees
Outside a state policy or an employer policy, there is no standalone right to menstrual leave. You can still use casual or sick leave, and you are not obliged to disclose the specific reason for a sick day.
For Employees in Karnataka
The 2025 policy grants one paid day a month, up to twelve a year, to eligible women in covered establishments, and the High Court has directed strict and uniform implementation. Denial can be taken up with the labour authorities.
For Employers and HR Teams
Check whether your establishment falls within a state policy, and if so, build the entitlement into your leave rules, HRMS and records. Elsewhere, a voluntary policy is lawful and increasingly common, but should be drafted clearly to avoid disputes.
For Students
Some states and institutions allow menstrual leave or attendance relaxation for students. Where it exists, it is an institutional or state decision rather than a national entitlement.
Guidance for Employees and for Employers
The practical question differs depending on which side of the desk you are on — claiming the leave, or designing and administering it. What you should do next depends on that.
If You Are an Employee Seeking Menstrual Leave
- Check your state's position and your employer's leave policy, HR handbook or standing orders — the entitlement, if any, comes from there.
- If you work in Karnataka in a covered establishment, note the entitlement of one paid day a month and the High Court's direction for strict implementation.
- Where no menstrual leave exists, you can use casual or sick leave, and you are generally not required to specify the medical reason.
- Apply through the prescribed channel and keep written records of applications and approvals or refusals.
- If leave is denied contrary to a state policy, escalate in writing to HR and then to the labour department or the authority named in the policy.
- If you face adverse treatment, transfer or a poor rating for taking such leave, document it, since that may amount to discrimination or victimisation.
If You Are an Employer or HR Professional
- Map your establishments against state policies, since the obligation in Karnataka differs from that in states with no policy at all.
- Where a policy applies, notify it internally, configure leave systems, and train managers so that applications are processed without requiring intrusive proof.
- If you adopt a voluntary policy, define eligibility, the number of days, whether the leave is paid, how it interacts with sick leave, and the approval process.
- Protect privacy — records should reveal no more than necessary, and disclosure should be limited to those who need it for payroll.
- Ensure that taking the leave does not affect appraisals, increments or assignments, both as a legal risk and because the Supreme Court's stated worry is precisely that women may be penalised.
- Keep the policy under review as state law develops, particularly the proposed Karnataka legislation.
Does This Apply to Your Situation?
Whether you can claim menstrual leave depends on your state, your sector, the size and type of establishment, your age bracket under the applicable policy, and your employer's own rules. There is no single national answer yet.
Follow the Case Record
Wherever possible, refer to the original court record for the exact orders rather than relying solely on editorial summaries — including this one.
📄 Visit Supreme Court of India WebsiteRelated Cases and Policies
These orders and policies define the current position. This is general legal information — always have a lawyer confirm how they apply to your workplace.
PIL for a Nationwide Menstrual Leave Policy (Shailendra Mani Tripathi)
A Bench of CJI D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra disposed of the petition, holding the subject to be a matter of government policy, noting the risk that a mandate could deter employers from hiring women, and asking the Ministry of Women and Child Development to consider a model policy after consulting stakeholders.
Fresh PIL Declined
A Bench of CJI Surya Kant and Justice Joymalya Bagchi refused to entertain a renewed PIL, observing that a compulsory entitlement could affect women's employment prospects and unintentionally reinforce gender stereotypes, while welcoming voluntary adoption by private companies.
Chandravva Hanamant Gokavi v. State of Karnataka
On a petition by a woman working in a small hotel in the unorganised sector, the High Court upheld the constitutional validity of the Karnataka Menstrual Leave Policy, 2025 and directed the State to implement it strictly and uniformly through guidelines and circulars pending enactment of the proposed Bill, while noting the coverage gap for unorganised sector workers.
Bihar, Odisha and Karnataka
Bihar has granted two days a month to its women employees since 1992. Odisha notified one paid day a month for women state government employees up to 55 years in 2024. Karnataka's 2025 policy extends one paid day a month, up to twelve a year, to women aged 18 to 52 in covered establishments including the private sector.
Maternity Benefit Act, 1961 and the Code on Social Security, 2020
The two statutes that govern women's workplace leave around childbirth say nothing about leave for menstruation, and a private member's Bill on the subject did not become law. There is therefore no central statutory entitlement.