Kerala HC strikes down Abkari rule provision prohibiting employment of women in toddy shops

Sophy, a Thrissur native, had approached the High Court aggrieved by the denial of employment solely on account of a provision in the Kerala Abkari Shops Disposal Rules, 2002 prohibiting employment of women in any capacity in a toddy shop.

The Kerala High Court has struck down a provision of the Kerala Abkari rules which prohibited employing women in toddy shops.

The court recently held that the provision violated the constitutional rights to equality, to carry on any trade and the right against discrimination and right to life.

Justice P. Gopinath reiterated a Supreme Court observation that although the State was obligated to ensure that women were protected from harassment and must have a safe environment at work, this responsibility could not be achieved by prohibiting women from working in whatever industry they chose.

Sophy, a Thrissur native, had approached the High Court aggrieved by the denial of employment solely on account of a provision in the Kerala Abkari Shops Disposal Rules, 2002, prohibiting employment of women in any capacity in a toddy shop.

She argued that initially, the Rules prohibited the employment in foreign liquor shops as well, and that the High Court had struck down the portion relating to such shops. A similar rule in the Foreign Liquor Rules, 1953 had also been struck down by the High Court, she stated.

The State contended that the rule was intended to protect women from being exploited in workplaces. It pointed out that toddy shops were often situated in very remote places and that the rule intended to ensure their safety and well-being.

The State cited a Supreme Court order stating that men and women could not be treated as equals in all occupations, since the requirement of a particular employment, the sensitivities of either sex, the peculiarities of different social sectors and the handicaps of either sex may warrant differential treatment.