Kerala High Court Directs State Action on Menstrual Leave for KSRTC Conductors

Judicial Mandate for Transport Sector Reform

The Kerala High Court has instructed the state government to deliberate on a formal paid menstrual leave policy for women conductors employed by the Kerala State Road Transport Corporation (KSRTC). In a ruling issued following a petition by three conductors and the Forum For Justice, KSRTC Employees and Welfare Society, the court set a three-month deadline for a final decision. This administrative review must include consultations with both the petitioners and the transport corporation.

The Argument for Progressive Welfare

The court characterized menstrual leave as a progressive welfare measure, aligning it with constitutional protections regarding the right to life and the requirement for humane working conditions. The bench noted that a targeted leave policy would likely boost productivity, curb presenteeism, and create a more inclusive environment. By recognizing the physical and psychological toll of menstruation, the court argued that the state would be practicing positive discrimination as permitted by the Constitution.

Working Conditions and Infrastructure Gaps

Evidence presented to the court highlighted the severe physical demands placed on approximately 3,000 female staff in the KSRTC operating sector. Key challenges include:

• Shifts spanning between 8 and 16 hours per day.
• The physical strain of navigating crowded buses for fare collection.
• Widespread lack of hygienic restroom facilities and clean water at various depots.
• Absence of appropriate resting areas and waste disposal systems for menstrual products.

These deficits, combined with prolonged standing, were cited as significant barriers to the health and dignity of female employees.

Interstate and Regional Precedents

The petitioners leveraged existing policies in other states to support their case. They noted that Karnataka recently instituted a monthly paid menstrual leave day for women aged 18 to 52 across both public and private sectors, impacting roughly 400,000 workers. Similar provisions exist in Bihar and Odisha. Furthermore, while the Kerala government previously approved menstrual leave for university students, the petitioners highlighted that this benefit has not yet been extended to government servants or KSRTC personnel.

Source: The Hindu — Home