KOCHI: The Kerala High Court has struck down Rule 7(37) of the Kerala Abkari Shops Disposal Rules, which prohibits the employment of women in any capacity in toddy shops, declaring it unconstitutional.
The court observed that the state’s obligation to ensure that women are free from harassment and have a safe working environment cannot be fulfilled by prohibiting them from working in an industry of their choice. The order was passed while allowing a petition filed by Sophy, 47, of Thrissur, who sought appointment at a toddy shop on compassionate grounds following the death of her husband, an employee of the shop, in 2024. The government pleader submitted that the rule was intended to protect women from exploitation and all forms of workplace harassment.
Citing a Supreme Court ruling, the HC said instead of imposing a blanket ban on the employment of women in toddy shops, the state should focus on eliminating the unequal consequences arising from sex differences and ensuring safe working conditions that inspire confidence among women to pursue their chosen professions.
While the state has an obligation to protect women from harassment and ensure a safe working environment, this responsibility cannot be discharged by prohibiting them from working in the industries of their choice, the court observed.
Senior Advocate Ranjith Thampan, counsel for the petitioner, submitted that Sophy was denied employment solely based on R.7(37) of the Kerala Abkari Shops Disposal Rules, 2002, which prohibits employing women in any capacity in a toddy shop.
She therefore approached the High Court and challenged the constitutional validity of that Rule. The Rules initially prohibited the employment of women in foreign liquor shops as well. The HC struck down the prohibition insofar as it related to foreign liquor shops.
The court said given the facts of the case, it is not possible to hold that the Rule is either justified in principle or is proportionate in nature. “The state should ensure circumstances of safety which inspire confidence in women to work wherever they want and choose any profession they want,” it said.
