The Kerala High Court has declared unconstitutional a rule that prevented women from working in toddy shops across the state, holding that the restriction violated Articles 14, 15, 19 and 21 of the Constitution.
Justice P Gopinath struck down Rule 7(37) of the Kerala Abkari Shops Disposal Rules, 2002, which imposed a complete prohibition on employing women in toddy shops, regardless of the nature of their duties.
The ruling, delivered in August, came on a petition filed by Sophy, whose request for employment on compassionate grounds at a toddy shop in Thrissur district had been rejected following her husband’s death. She had applied for the appointment under an industrial settlement scheme.
Workplace Safety Cannot Justify Employment Ban
Examining the validity of the restriction, the High Court held that the state’s responsibility to protect women from workplace harassment could not serve as a justification for excluding them from an occupation of their choice.
The Court emphasised that ensuring a safe working environment was an obligation of the government and that denying women employment opportunities was not an acceptable means of fulfilling that responsibility.
It further observed that the state should address disadvantages arising from sex-based differences and establish workplace conditions that allow women to pursue professions freely and with confidence, rather than imposing blanket restrictions on their employment.
Rule Violates Four Constitutional Articles
The Court found that Rule 7(37), which barred women from being employed in any capacity at a toddy shop, was incompatible with the constitutional protections guaranteed under Articles 14, 15, 19 and 21.
Allowing Sophy’s petition, Justice Gopinath declared the provision unconstitutional and struck it down, removing the statutory prohibition on the employment of women in toddy shops under the 2002 Rules.
