KOCHI: Until a few years ago, for a woman in Kochi, buying alcohol or going to a bar to drink was unthinkable. The number of stares they get from service staff to onlookers was hardly worth the adventure. Fast forward to now, the city has outlets where women can pick up liquor from. The Kerala government itself is making plans to open pubs and encourage nightlife in the state.
Just when we thought things are changing for the better, came the news that the Excise department registered a case against the manager of a newly launched high-end lounge bar near the Cochin Shipyard in Kochi, for letting three Russian woman serve drinks at their bar ahead of its launch party on March 11. The ‘problem’ caught the eye of Excise sleuths when the video of the women’s bartending techniques went viral on social media.
When we looked into what triggered such a reaction in a progressive state like ours, we realised that employing women as bartenders is a violation of the Kerala Foreign Liquor Rules and Abkari Act! As per an amendment to the Foreign Liquor Rules made in 2013, notified as 959/2013, a new rule, Rule 27 A was incorporated, which prohibits women from being employed “in any capacity for serving liquor on the licensed premises.”
“It is clear in the video that the women are serving liquor. The bar has also been booked for improper maintenance of the stock register. Bail has been granted to the arrested. Both violations are bailable as well as compoundable in nature,” said Ernakulam Excise Deputy Commissioner P V Aliyas.
In 2013, two women, who were sole breadwinners of their families, employed at a bar in Thiruvananthapuram gave a petition to relax rule 27 A, as it would affect their only source of livelihood. According to Excise, the writ petition allowed the women to keep doing their jobs. The Kerala State Beverages Corporation (Bevco) started employing women after the High Court in 2016 allowed them to apply for the jobs to its outlets through the Kerala Public Service Commission.
Unconstitutional
Even as the excise is banking on the Act, High Court advocate Nireesh Mathew stated that rule 27 A was declared unconstitutional in 2014 by Justice Dama Seshadri Naidu and in 2017 by Justice Anu Sivaraman. “Rule 27 A is an unreasonable restriction and in conflict with Article 14 of the constitution, which offers the right to equality to all Indian citizens. If a rule is declared unconstitutional, it is applicable to everyone in the state,” he said.
Meanwhile, Ram Nair, DJ and co-owner of ‘Fly High’, the bar that is caught in the controversy, asserted that they didn’t employ women bartenders. “On March 11, a few of our friends came from Pune and Bombay, and the women were part of the group. It is a high-end lounge bar. Our aim was to throw a space open for DJs, bands and stand-up comedians. It is a friendly neighbourhood space where people can come and unwind and have a good time,” said Ram.
Effect on tourism
Such draconian rules that prevent women from bartending — a profession accepted globally — exposes the regressive side of Kerala. Such impositions are bound to backfire on the tourism sector, and taint Kerala’s effort to position itself as a responsible, safe tourism destination, said Jose Dominic, co-founder of CGH Earth. “Kerala is ranked high in Human Development Index and gender equality. This single rule that stops women from serving liquor could have negative implications. To avoid any controversy like this, hotels might be motivated to replace women staff with men. This is modern India, Kerala needs to do better,” he said.
Challenge the Act
According to advocate Shyamsree, to change Rule 27 A, a collective or mass petition is not required. An individual can come forward and file a writ stating the rule is in conflict with Article 14 of the Constitution, Right to Equality and that it is discriminatory in nature. According to the Constitution, any rule which is in conflict with the fundamental rights of a citizen is considered invalid.
Inevitable change
The excise action, though based on having spotted women serving at a bar, is also quite similar to the
targetted attack that police has been launching on such establishments in the past. For tourism to flourish in any state, nightlife is an unavoidable factor. Ram added that Kerala needs more avenues for fun activities.
“The state has the potential to be on par with international destinations. But the government and police should be supportive of such spaces. All over the world, people hit lounges and pubs after a long day of work to enjoy the rest of the evening. Such a culture is known to improve work efficiency,” he said. The lack of such venues is also cornering musicians, DJs and performers. “Artists are being forced to pick up work outside their comfort zones. They need more opportunities,” he said.
Considering the excise attitude towards Fly High, hoteliers are apprehensive of the attitude of police officers in Kerala and the effect it will have on the state’s tourism in general. Though such acts that border on archaic moral policing are often painted by the authorities as a measure to ensure safety, it often dampens the business prospects of hoteliers.
“Inspections and enforcement are important, but that shouldn’t be targeted to hinder business or events. Authorities shouldn’t create so much fear in visitors as they would stop visiting such spaces,” said Jayakrishnan, a bar owner from the city. He added that it is not just the police and lawmakers who need to be part of this transformation, but the society as a whole.
“The Malayali society as a whole looks down on nightlife. Raids are executed mainly to seize drugs at parties. But it is not necessary that such activities happen only at parties, and it is wrong to show such events and people who attend them in a bad light. A lot of people visit such spaces out of genuine interest in music or because they want to share a drink with friends,” says Jayakrishnan.