• Source:JND

Karnataka News: The Karnataka High Court on Tuesday paused the state government's recent move to expand the scope of menstrual leave for women employees. The stay was issued on a notification dated November 20 after the bench raised questions about whether stakeholders were consulted before the order was released. Justice Jyoti Mulimani passed the interim order.

The matter will be heard again on Wednesday after Advocate General Shashikiran Shetty requested the court to reconsider granting the stay.

Petitions Challenge November Notification

According to an Indian Express report, the case reached the court through petitions filed by the Bangalore Hotels Association and Avirata Connectivity Systems. The Hotels Association, which claims to represent more than 1,500 establishments, had asked the court to cancel the notification and called it a violation of Article 14. It also sought an interim stay, arguing that the government had exceeded its legal powers.

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According to the petition, the government should have issued a preliminary notification inviting objections from affected industries. The Association said this was not done and claimed that objections were only collected through the labour commissioner, leaving out a wider public consultation.

The petition further argued that the laws mentioned in the notification including the Factories Act, the Karnataka Shops and Commercial Establishments Act, the Plantations Labour Act, the Beedi and Cigar Workers Act, and the Motor Transport Workers Act, do not contain provisions requiring employers to offer menstrual leave. It added that any such change should be introduced only through amendments.

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Government Policy Under Scrutiny

The state government had approved menstrual leave in October, allowing one paid leave day per month for women employees. Ministers said the policy was inspired by similar measures in Kerala, Odisha and Bihar.

However, industry representatives said the policy could unintentionally disadvantage women in the private sector, calling it a form of “benevolent sexism”. They also noted that the government itself has not extended menstrual leave to its own employees, raising concerns over consistency and fairness.

A detailed hearing will take place on Wednesday.

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