Kerala High Court strikes down ban on women working in toddy shops

The Kerala High Court has declared Rule 7(37) of the Kerala Abkari Shops Disposal Rules, 2002, unconstitutional. The rule previously prohibited the employment of women in any capacity within toddy shops.

Justice P. Gopinath ruled that the prohibition violated Articles 14, 15, 19, and 21 of the Constitution. The court noted that while the state has an obligation to ensure women are protected from harassment and provided with safe working environments, this cannot be achieved by banning them from choosing specific industries.

The ruling follows a petition by a woman from Thrissur who sought compassionate appointment at a toddy shop after her husband’s death. Citing Supreme Court precedents, the court emphasized that the state should focus on eliminating unequal consequences of sex differences and ensuring safety rather than imposing blanket prohibitions.