Law & Justice

Kerala High Court Overturns Rule Banning Women from Working in Toddy Shops

By The Hindu Bureau

The Kerala High Court has invalidated a provision of the Kerala Abkari rules that barred women from employment in toddy shops. The court ruled that the prohibition violated constitutional guarantees of equality, the right to engage in trade, protection against discrimination, and the right to life. Justice P. Gopinath cited a Supreme Court observation that while the state must safeguard women from harassment and ensure a safe workplace, it cannot do so by excluding women from any industry they choose. The case was brought by Sophy, a resident of Thrissur, who was denied employment solely because of the rule in the Kerala Abkari Shops Disposal Rules, 2002, which prohibited women from working in any capacity in a toddy shop. She noted that the High Court had previously struck down the portion of the rules that applied to foreign liquor shops, and that a similar rule in the Foreign Liquor Rules, 1953 had also been invalidated. The state argued that the rule was intended to protect women from exploitation, citing that toddy shops are often located in remote areas and that the rule aimed to ensure their safety and well-being. It referenced a Supreme Court order stating that men and women cannot be treated as equals in all occupations because specific employment requirements, sensitivities of each sex, peculiarities of different social sectors, and the handicaps of either sex may justify differential treatment.