9 months ago
Karnataka HC Stays Menstrual Leave Notification
The Karnataka High Court has temporarily stopped a government rule that was supposed to give women workers one day of paid leave every month because of their menstrual cycles.
This rule was supposed to apply to women between 18 and 52 years old who work in different types of jobs.
The court stopped this rule because some business groups said the government didn't talk to them before making this decision.
The government had already started giving this leave to female government employees on December 2, but the court's decision affects all women workers in certain industries.
The business groups also said that the government does not have the legal power to make this rule and that it is against the law.
The court will decide later if the rule can be made permanent.
Karnataka High Court stayed a government notification mandating one-day menstrual leave per month for working women.
The notification applied to women aged 18-52 in permanent, contractual, and outsourced jobs.
The stay was granted based on a petition by Bangalore Hotels' Association and Avirata AFL Connectivity Systems.
Petitioners argued the government did not consult them before implementing the leave and that the order is unconstitutional.
The leave was meant for women working under several labor laws, including the Factories Act and Karnataka Shops and Commercial Establishments Act.
- Who
- Karnataka High Court, Bangalore Hotels' Association, Avirata AFL Connectivity Systems, Karnataka Government
- What
- Stay on menstrual leave notification
- Where
- Karnataka, India
- When
- December 9, 2023
- Why
- Petitioners argued lack of consultation and legal authority
Government
Petitioners (Bangalore Hotels' Association, Avirata AFL Connectivity Systems)
Authority to Implement Leave
Government
The government has the authority to implement menstrual leave through executive order.
Petitioners (Bangalore Hotels' Association, Avirata AFL Connectivity Systems)
The government does not have the legal power to impose menstrual leave without proper consultation or following the correct legal process.
Consultation with Stakeholders
Government
Not explicitly mentioned in the articles.
Petitioners (Bangalore Hotels' Association, Avirata AFL Connectivity Systems)
The government did not consult with the management before issuing the notification.
Constitutionality of the Order
Government
Not explicitly mentioned in the articles.
Petitioners (Bangalore Hotels' Association, Avirata AFL Connectivity Systems)
The government order is unconstitutional and against Article 14 of the Constitution of India.
Key facts
- Date of Notification
- November 20, 2023
- Leave Provision
- One day paid menstrual leave per month
- Affected Employees
- Women aged 18-52 in permanent, contractual, and outsourced jobs
- Petitioners
- Bangalore Hotels' Association and Avirata AFL Connectivity Systems
- Court
- Karnataka High Court
- Judge
- Justice M. Jyothi
- Date of Stay
- December 9, 2023
- Government Order Date
- December 2, 2023
- Laws Governing Industries
- Factories Act, Karnataka Shops and Commercial Establishments Act, Plantations Labour Act, Beedi and Cigar Workers (Conditions of Employment) Act, Motor Transport Workers Act
- Annual Leave Provision
- 12 days of leave per year
Timeline
Karnataka mandates menstrual leave for women workers.
Business groups protest the new rule.
Government extends leave to its own employees.
Protests intensify, targeting this expansion.
High Court halts rule amid business backlash.
Quotes
Shashikiran Shetty
Advocate General of Karnataka
“Ours is a very progressive legislation and a benefit for women. In Japan in 1947, such an act came, and throughout the world it is there.”
indianexpress.com
Sources
Karnataka HC Stays Govt Notification on Menstrual Leave
Menstrual Leave For Women: Karnataka High Court Vacates Its Stay In 2 Hours
Karnataka High Court stays government notification expanding menstrual leave policy
Rush Hour: SC issues notice to EC on West Bengal SIR, DGCA asks IndiGo to cut operations and more
Karnataka HC stays Congress govt's order on menstrual leave
Karnataka HC stays govt notification on menstrual leave
Karnataka HC stays govt order on monthly paid menstrual leave for women
Karnataka HC puts brakes on Congress govt’s menstrual-leave order: Which industries were covered?
Karnataka HC stays govt notification on menstrual leave
‘Ours is a very progressive legislation’: Karnataka Govt on menstrual leave policy before High Court
HC withdraws stay on govt’s menstrual leave order within hours
No menstrual leave for women? Karnataka HC stays govt call for mandatory break, later rescinds order
