The Kerala High Court has directed the State Government to take a decision on a representation seeking paid menstrual leave for women conductors employed by the Kerala State Road Transport Corporation (KSRTC). While the Court did not introduce such a policy itself, it observed that menstrual leave is a progressive welfare measure that deserves serious consideration in light of the nature of women's work and constitutional protections.
Background of the Case
The writ petition was filed by three women conductors working with KSRTC along with the Forum for Justice (FFJ), a welfare organisation for KSRTC employees and their families. They requested the Court to direct the State Government to consider their pending representation seeking two days of paid menstrual leave for women conductors.
The petitioners explained that women conductors often work between eight and sixteen hours a day, moving through crowded buses to issue tickets and collect fares. According to them, inadequate access to hygienic toilets, proper resting facilities and menstrual waste disposal systems makes working during menstruation particularly difficult. They also referred to menstrual leave policies adopted in Karnataka, Bihar and Odisha, while pointing out that Kerala already provides menstrual leave for female students in universities but not for women government employees or KSRTC staff.
Court's Observations
Justice Viju Abraham acknowledged that menstrual leave is a progressive welfare measure recognising the physical and psychological impact of menstruation on women employees.
The Court observed,
“Menstrual leave is a progressive welfare measure that recognises the physical and psychological impact of menstruation on women employees.”
The Court further noted that such a measure is consistent with Articles 21, 15(3) and 42 of the Constitution, which safeguard women's dignity and promote just and humane working conditions. It observed that women conductors perform physically demanding duties involving prolonged standing, continuous movement, long working hours and limited access to hygienic restroom facilities. In such circumstances, severe menstrual symptoms may affect their health, dignity and ability to perform their responsibilities effectively.
The Court also stated that a limited provision for menstrual leave could improve employee welfare, reduce presenteeism, enhance productivity and create a more inclusive workplace. It observed that the Government may consider introducing an appropriate policy for women conductors, subject to suitable conditions and safeguards.
Court's Decision
Disposing of the writ petition, the Kerala High Court directed the State Government to consider and decide the petitioners' representation without unnecessary delay and, in any event, within three months from the receipt of the judgment.
The Court also instructed that both the petitioners and KSRTC should be given an opportunity to be heard before any decision is taken.
Case Details
Case Title: Asha S. S. & Ors. v. State of Kerala & Ors.
Case Number: W.P.(C) No. 44089 of 2025
Judge: Justice Viju Abraham
Decision Date: 23 July 2026
 Act, 2007 KAAPA-300x169.webp)
