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Menstrual Leave

Supreme Court Judgment on Menstrual Leave 2026 – PIL Rejected, State Policies, Karnataka Ruling & Free Legal Consultation
SUPREME COURT CASE EXPLAINER

Supreme Court Judgment on Menstrual Leave: Where the Law Actually Stands

A complete, updated explainer on the Supreme Court's approach to menstrual leave — from the order of 8 July 2024, in which a Bench led by Chief Justice D.Y. Chandrachud held the issue to be one of government policy and asked the Ministry of Women and Child Development to consider framing a model policy after consulting stakeholders, to 13 March 2026, when a Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi refused to entertain a fresh PIL seeking a nationwide mandate. Covers the Court's reasoning, the state policies that do exist, the Karnataka High Court ruling upholding one of them, and what employees and employers should do now.

Court: Supreme Court of India
Latest Order: 13 March 2026
Earlier Order: 8 July 2024
Status: No nationwide legal right
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Supreme Court of India

Case analysis, key orders, state-wise position and practical impact for women employees, students and employers.

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Has the Supreme Court Granted Menstrual Leave?

No. There is no nationwide legal right to menstrual leave in India, and no central statute creates one — neither the Maternity Benefit Act, 1961 nor the Code on Social Security, 2020 deals with it. On 8 July 2024, disposing of a PIL filed by advocate Shailendra Mani Tripathi, a Bench of Chief Justice D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra held that this is a government policy issue and not one for the courts, noted that a court-mandated entitlement could prove counterproductive if employers avoid hiring women, and permitted the petitioner to approach the Secretary, Ministry of Women and Child Development to consider framing a model policy after consulting stakeholders, while clarifying that States remained free to act. On 13 March 2026, a Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi declined to entertain a fresh PIL, observing that a compulsory entitlement could affect women's employment prospects and unintentionally reinforce stereotypes, while adding that it would be excellent if private employers granted such leave voluntarily.

No central law or nationwide judicial mandate on menstrual leave
The Supreme Court treats it as a matter of policy for the government
States remain free to frame their own policies, and several have
Karnataka's policy has been upheld and enforced by the High Court
LATEST LEGAL UPDATE — AS OF SEPTEMBER 2026

Karnataka High Court Enforces a State Policy Even as the Supreme Court Steps Back

While the Supreme Court declined in March 2026 to create a national right, the Karnataka High Court moved in the opposite direction on a state policy. On 15 April 2026, in Chandravva Hanamant Gokavi v. State of Karnataka, the Dharwad Bench upheld the constitutional validity of the Karnataka Menstrual Leave Policy, 2025 — introduced through a notification of 12 November 2025 and a government order of 20 November 2025 — and directed the State to implement it strictly and uniformly, pending enactment of the proposed Karnataka Menstrual Leave and Hygiene Bill, 2025. The petitioner was a hotel worker from the unorganised sector. The Court grounded menstrual health, dignity, privacy and bodily autonomy in Articles 14, 15(3), 21, 39(e) and 42, and flagged the gap in coverage for unorganised sector workers. Employers in Karnataka should treat this as an operative obligation, and everyone else should watch for state-level developments.

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.

⚖ KEY POINTS
01

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.

02

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.

03

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.

04

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.

Timeline of Developments

1992

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.

2017

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.

8 JULY 2024

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.

AUGUST – OCTOBER 2024

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.

OCTOBER – NOVEMBER 2025

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.

13 MARCH 2026

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.

15 APRIL 2026

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.

CURRENT STATUS

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.

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If You Are an Employee Seeking Menstrual Leave

  1. Check your state's position and your employer's leave policy, HR handbook or standing orders — the entitlement, if any, comes from there.
  2. 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.
  3. Where no menstrual leave exists, you can use casual or sick leave, and you are generally not required to specify the medical reason.
  4. Apply through the prescribed channel and keep written records of applications and approvals or refusals.
  5. 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.
  6. If you face adverse treatment, transfer or a poor rating for taking such leave, document it, since that may amount to discrimination or victimisation.
📞 Talk to a Lawyer — Employee Rights
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If You Are an Employer or HR Professional

  1. Map your establishments against state policies, since the obligation in Karnataka differs from that in states with no policy at all.
  2. Where a policy applies, notify it internally, configure leave systems, and train managers so that applications are processed without requiring intrusive proof.
  3. 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.
  4. Protect privacy — records should reveal no more than necessary, and disclosure should be limited to those who need it for payroll.
  5. 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.
  6. Keep the policy under review as state law develops, particularly the proposed Karnataka legislation.
📞 Talk to a Lawyer — Employer Advisory

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.

Employee in a state with a menstrual leave policy
Worker in the unorganised sector
Employee denied leave despite a policy
Employer framing a voluntary policy
HR team handling a compliance question
Student seeking attendance relaxation
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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.

Court: Supreme Court of India
Matter: PILs seeking a nationwide menstrual leave policy
Orders: 8 July 2024 and 13 March 2026
Benches: CJI Chandrachud, Pardiwala & Misra, JJ.; CJI Surya Kant & Bagchi, J.
📄 Visit Supreme Court of India Website

Related 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.

Supreme Court of India · 8 July 2024

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.

Principle relied on: Courts do not ordinarily create welfare entitlements that involve balancing multifarious objectives of state policy.
Supreme Court of India · 13 March 2026

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.

Significance: The Court has now twice declined to create a national right, leaving the field to legislatures, state executives and employers.
Karnataka High Court (Dharwad Bench) · 15 April 2026

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.

Principle relied on: Menstrual health, dignity, privacy and bodily autonomy form part of the right to life, supported by Articles 14, 15(3), 39(e) and 42 and the State's executive power.
State Policies · 1992 to 2025

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.

Significance: These policies are the practical source of any enforceable entitlement today, and they differ in coverage, age limits and sectors.
Central Law · Position

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.

Principle relied on: In the absence of a statute, entitlement depends on state policy, employer policy or contract.

Frequently Asked Questions

Is menstrual leave a legal right in India?+
Not nationally. There is no central statute, and the Supreme Court has declined to create one. Rights exist only where a state policy, an employer policy or a contract provides for them.
What did the Supreme Court say in 2024?+
On 8 July 2024, a Bench led by CJI D.Y. Chandrachud held the issue to be a government policy aspect, not for the courts, and asked the Ministry of Women and Child Development to consider framing a model policy after consulting stakeholders.
What happened in March 2026?+
A Bench of CJI Surya Kant and Justice Joymalya Bagchi refused to entertain a fresh PIL, observing that a compulsory entitlement could harm women's employment prospects and reinforce stereotypes, while saying voluntary adoption by companies would be excellent.
Why did the Court refuse?+
Its stated reasons were that the subject involves policy choices for the executive, and that a judicially imposed mandate might be counterproductive if employers respond by avoiding the recruitment of women.
Which states give menstrual leave?+
Bihar since 1992 for its own employees, Odisha since 2024 for women state government employees up to 55, and Karnataka under its 2025 policy, which also covers private establishments. Kerala has allowed a version for students.
What does the Karnataka policy provide?+
One paid day of menstrual leave a month, up to twelve days a year, for eligible women aged 18 to 52 working in factories, commercial establishments, plantations and other covered establishments.
Is the Karnataka policy enforceable?+
Yes. On 15 April 2026 the Karnataka High Court upheld its validity and directed the State to implement it strictly and uniformly pending enactment of the proposed legislation.
Does it cover the unorganised sector?+
The policy currently applies to covered establishments in the organised sector, and the High Court specifically noted the gap affecting women in the unorganised sector and the need for broader coverage.
Can my employer ask for medical proof?+
Where a policy exists, follow the process it prescribes, which is usually simple. Intrusive proof requirements raise privacy concerns, and employers are generally advised to keep verification minimal.
Can I take sick leave instead?+
Yes. Where no menstrual leave exists you can use casual or sick leave under your service rules, and you are generally not required to state the specific medical reason.
Can I be penalised for taking menstrual leave?+
Adverse treatment for availing a leave you are entitled to can amount to victimisation or discrimination. Document any refusal, remark, appraisal impact or transfer that follows, and take advice.
Is menstrual leave paid or unpaid?+
Under the state policies described here it is paid. A voluntary employer policy may provide either, so read the wording of the policy.
Does it come out of my casual or sick leave quota?+
Under the Odisha notification it is additional to casual leave. Elsewhere it depends on the policy, which should state clearly whether it is additional or adjusted against an existing entitlement.
Is there an age limit?+
Yes, in some policies. Odisha's applies up to the age of 55 and Karnataka's to women aged 18 to 52. Check the policy applicable to you.
Do private companies offer menstrual leave?+
Many do, voluntarily, across sectors from food delivery to media and startups. The Supreme Court in 2026 said voluntary adoption by private companies would be welcome.
Can an employer be sued for not providing it?+
Only where a state policy or the contract creates the obligation. In states with no policy, there is no general legal duty to provide it at present.
Does the Maternity Benefit Act cover this?+
No. The Maternity Benefit Act, 1961 and the Code on Social Security, 2020 deal with leave and benefits around childbirth and say nothing about menstruation.
Is a central law expected?+
The Supreme Court asked the Ministry of Women and Child Development to consider a model policy after stakeholder consultation. Whether that becomes law is a decision for the government and Parliament.
What are the arguments against a mandate?+
That it may make employers reluctant to hire women, that it risks reinforcing stereotypes about women's capacity, and that flexible work and better facilities may serve the purpose without singling out menstruation.
What are the arguments for it?+
That menstrual health is part of dignity, privacy and bodily autonomy under Article 21, that many women work in physically demanding jobs without respite, and that special provision for women is expressly permitted by Article 15(3).
Do students get menstrual leave?+
Some states and institutions allow it or relax attendance requirements. It depends on the state's or institution's own decision rather than any national rule.
What should an employer's policy contain?+
Eligibility, number of days, paid or unpaid, interaction with other leave, a simple application process, privacy safeguards, and an express assurance that availing the leave will not affect appraisal or advancement.
Where can I read the orders?+
The Supreme Court's orders are available on its official website and on legal databases, and the Karnataka High Court judgment can be accessed through that court's website.
How can a lawyer help?+
A lawyer can tell you whether any policy binds your employer, take up a denial with the labour authorities, act on discrimination or victimisation, and help employers draft a compliant and defensible policy.
Disclaimer: This page explains the Supreme Court's orders and the current policy position on menstrual leave for general informational purposes only. It reports the arguments on both sides of a contested policy debate without endorsing either, and does not constitute legal advice. State policies and employer rules differ and are changing; always verify the position applicable to you and consult a qualified advocate before acting.
Judgment-Based AnalysisContent structured around verified court proceedings.
Plain-Language ExplanationsComplex legal developments explained in accessible language.
Original Source ReferencesReaders can access relevant court documents where available.
Balanced ReportingPresents the arguments on both sides of a policy debate.

Denied Leave or Framing a Policy? Get Expert Legal Help

Whether you have been refused an entitlement your state policy grants, faced adverse treatment for taking leave, or need a compliant workplace policy, speak to an experienced lawyer today for a free, confidential evaluation.

© 2026 Legal Advisory Desk. This page provides general information about the Supreme Court's orders on menstrual leave and the current policy position, and is not a substitute for professional legal advice. Consult a qualified advocate for guidance specific to your situation.
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