The article examines the evolving legal debate on menstrual leave in India, highlighting divergent judicial approaches. The Karnataka High Court treats menstrual leave as a fundamental right linked to dignity under Article 21 and mandates strict implementation of the state policy, including for the unorganised sector. In contrast, the Supreme Court prefers a policy-led approach, cautioning against unintended employment bias. The piece underscores compliance challenges for employers and signals that menstrual leave in Karnataka has shifted from a voluntary benefit to a legal obligation.
Please click here to read the full article by Preetha Soman, Partner; Rebecca Thomas, Senior Associate; and Tia Matthew, Associate, published in International Employment Lawyer.
Preetha is a labour and employment law expert, having close to ten years of experience. She has over the past decade, worked on a wide range of complex and intricate labour law matters.