Kerala HC Urges Paid Menstrual Leave for KSRTC Women

By: Women Entrepreneurs Review Team | Thursday, 30 July 2026

The Kerala High Court has urged the Kerala government to think about enforcing a paid "menstrual leave" policy for female conductors employed by the Kerala State Road Transport Corporation (KSRTC), as it is a progressive welfare measure that promotes women's rights in the workplace, their menstrual health, employee welfare and gender equality. The Court noted that the nature of the work is physically demanding and that such a policy would help achieve good working conditions for the women workforce in a dignified and humane way.

Justice Viju Abraham gave the order while hearing a writ petition by three women conductors and the Forum for Justice (FFJ), an NGO for the welfare of KSRTC conductors and their families. The petition called for a paid menstrual leave of two days, emphasising the physical and emotional difficulties women conductors face during menstruation, and the lack of appropriate facilities at work to promote menstrual hygiene.

Key Highlights

• High Court asks Kerala government to consider paid menstrual leave
• Court observation says menstrual leave supports women's dignity and welfare
• State government to decide on the proposal within three months

​Justice Viju highlighted in the judgment dated 23rd July that a menstrual leave policy is consistent with the constitutional rights to ensure women's dignity and well-being. The Court said that Menstrual leave is a progressive welfare measure and it is consistent with the rights guaranteed under Article 21, 15(3) and Article 42 of the Indian Constitution which in turn promotes the dignity and provision of just and humane working conditions of women employees.

The petitioner said that the work of a conductor for women was a 24-hour job, where most of the time was spent standing and navigating in the bus to ticket and collect fares. These physical tasks are even more challenging when clean toilets, restroom and menstrual hygiene facilities are not readily available especially during menstruation.

The petitioners claim that more than 3,000 women staff members are working in the operational staff. But many depots, however, are reported as having inadequate hygienic restroom facilities, running water, proper systems in place for menstrual waste disposal, and appropriate space for resting. The petition stated that these deficiencies not only impact upon the women's menstrual health but also on the welfare of the women employees, in the performance of their work and general wellness of the women workforce.

On 30th October 2025, the petitioners had filed a representation addressed to the Kerala government regarding the enactment of a policy to provide paid menstrual leave. Since nothing was done, they went to the High Court for a remedy.

In view of the challenges that women conductors encounter, Justice Viju noted that they might be subjected to severe menstrual symptoms which could have a significant impact on their health, dignity and capacity to perform their duties. The Court also commented that "A limited provision for menstrual leave would benefit employees' welfare, decrease presenteeism, increase productivity and create a more inclusive workplace”.

The High Court has not directed the immediate implementation of the policy, but has asked the Kerala government to listen to both the petitioners and the transport corporation and arrive at a “reasoned” decision within three months.

The petitioners highlighted other such schemes in India during the course of the hearing. They pointed to the one day paid menstruation leave policy announced by the Karnataka government every month for women aged 18-52 in government and private jobs as well as the current menstrual leave policy in Bihar and Odisha.

The petition also pointed out that the state of Kerala has already given the facility of taking menstrual leave to women students in various universities, but not to women government employees. The Court's observations embody the trend in the country towards paying attention to women's rights in the workplace, gender equality, menstrual health, employee welfare, and inclusive labour policies that result in healthier and more supportive working environments for women.