HC reverses its own interim stay on menstrual leave notification within hours
Bengaluru: In a rare judicial turnaround, the Karnataka High Court on Tuesday swiftly vacated its own interim stay order—issued just hours earlier—against the state government’s notification granting women employees one paid day off per month during their menstrual cycle.
The single-judge bench of Justice Jyothi Mulimani heard a writ petition filed by H.S. Subrahmanya, president of the Bengaluru Hotels Association, challenging the November 20, 2025, notification from the Labour Department. The plea argued that the provision violates Article 14 of the Constitution, which guarantees equality before the law, and sought its quashing.
During the morning hearing, the court heard arguments from the petitioner’s counsel B.K. Prashanth Kumar and granted an interim stay, while issuing notice to the state government with liberty to seek vacating the order.
However, by the session’s end, Advocate General Shashikiran Shetty, Additional AG Prathima Honnapur, and senior counsel Ravivarma Kumar appeared on behalf of the respondents, strongly objecting to the ex-parte interim relief without hearing their side.
Shetty argued that the Supreme Court had directed states to formulate policies on menstrual leave, following recommendations from the State Law Commission. He contended that the government had constitutionally exercised powers under Rule 142 to issue the legally valid notification.
Granting stay without considering these factors was untenable, he urged, seeking immediate vacation of the order. Accepting the submissions, the bench promptly recalled its morning stay within hours and scheduled the next hearing for Wednesday (December 10) to hear both sides fully and decide on interim relief.
The notification mandates employers to provide one day of paid menstrual leave monthly to women workers, aligning with growing advocacy for period-friendly workplace policies.
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