A group of 15 women professionals has moved the Karnataka High Court to challenge the state government’s recent notification granting one day of paid menstrual leave per month to all female employees. The petitioners argue that the policy, while framed as a welfare measure, actually reinforces paternalistic stereotypes and could lead to systemic discrimination against women in the workplace.
The petition, filed on March 23, seeks to quash the government notification dated November 20, 2025. The group has also requested an interim order to stay the operation of the policy while the court deliberates on its legality.
The core of the legal challenge rests on the claim that the policy is a form of “benevolent sexism.” According to the petitioners, such measures are rooted in stereotypical assumptions that portray women as weaker or less reliable than their male counterparts.
The professionals argue that instead of empowering women, the mandate could backfire by creating hiring biases. They contend that employers may view female candidates as more “expensive” or “unreliable” due to the guaranteed monthly absence, potentially hindering women’s progress in recruitment and promotions—battles they have fought for decades to overcome.
The petitioners have termed the notification “unconstitutional” and “violative” of several fundamental rights guaranteed under the Constitution of India:
- Article 14: Equality before the law.
- Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
- Article 16: Equality of opportunity in matters of public employment.
- Article 21: Protection of life and personal liberty.
By categorizing the leave as a gender-specific requirement based on biological functions, the petitioners argue the state is inadvertently creating a discriminatory environment that treats women as a class requiring “protection” rather than equal opportunity.
The matter has been listed before a bench led by Justice Anant Ramanath Hegde. The court is already seized of similar petitions challenging the same November 2025 notification.
During the initial mentions, the judge posted the matter for further hearing on April 1, 2026. The court’s eventual decision will likely set a significant precedent for how gender-specific labour welfare policies are balanced against the principles of workplace equality in India.
