Overview
- The single-judge bench heard detailed arguments and asked if reproductive health under Article 21 can ground menstrual leave and if an executive notification under Article 162 can validly impose it on employers.
- Employers challenging the policy stressed that the issue is the use of a government notification rather than legislation, with the bench noting their focus on the mode of implementation over the need for relief.
- A separate petition by 15 Bengaluru women professionals calls the policy “benevolent sexism” and claims it violates Article 14 by reinforcing stereotypes and risking bias in hiring and promotion.
- The Advocate General defended the move by citing Article 42 and Article 15(3) and pointing to a Supreme Court direction, saying the state consulted stakeholders before issuing the order.
- The November 2025 order grants one paid day each month to women aged 18 to 52 in factories, shops and commercial establishments, plantations, beedi units and motor transport undertakings, with early uptake reported at about 13–14%.