Kerala High Court lets women work in toddy shops

Women in toddy shops: what did the court rule?

The State said it was keeping women safe. The court said safety must come from better protection, not from shutting women out.

• Kerala’s rules did not allow women to work in toddy shops.
• In 2024, widow Sophy Kunjupalu of Thrissur was refused the job her late husband once held.
• The Kerala High Court struck down Rule 7(37) of the Kerala Abkari Shops and Disposal Rules, 2002.
• The State said shops are in remote places, so the ban protected women.
• Justice P. Gopinath said safety cannot come from banning women; the rule was neither justified nor proportionate.
• Over a decade ago, the court struck down Rule 27A of the Kerala Foreign Liquor Rules that kept women out of bars.

Why are such bans unequal?

Article 14 promises equality before law, and Article 15 bars discrimination on grounds such as sex. Article 16 gives equal chance in public jobs.

Article 15(3) allows special provisions for women, but courts read it as a tool to help women, not to restrict them.

In Anuj Garg v. Hotel Association of India (2008), the Supreme Court struck down a law that barred women from working in bars, calling it paternalistic.

Courts test such rules for proportionality: is there a real aim, and is a total ban the least harmful way to reach it?

Which laws and Articles apply?

• Article 14: equality before law.
• Article 15(1) and 15(3): no sex discrimination; special provisions for women.
• Article 19(1)(g): right to practise any profession or occupation.
• Article 39(a) and 39(d): livelihood for men and women; equal pay for equal work.

Why does the toddy shop ruling matter?

What are the problems with the toddy shop ruling?

• Only about 200 of 21,000 toddy workers are women.
• Remote shops may lack safety measures.
• Social stigma may still keep women away.
• Similar rules may exist in other laws and States.

What should be done next on the toddy shop ruling?

• Review all rules that bar women from jobs.
• Provide safety: lighting, CCTV, complaint committees.
• Apply the POSH Act, 2013 at workplaces.
• Support widows taking up family jobs.

What can Prelims ask on the toddy shop ruling?

Prelims probability: Expect a question on Directive Principles on work: equal pay for equal work is in Article 39(d); workers’ participation in management (Article 43A) came with the 42nd Amendment.

• Article 39(d): equal pay for equal work.
• Article 43A (workers in management) came with the 42nd Amendment, 1976.
• Article 15(3): special provisions for women and children.
• Anuj Garg (2008): bar on women in bars struck down.
• Article 19(1)(g): freedom of occupation.

How to write about the toddy shop ruling in Mains

Practice question (15 marks, 250 words): Protective laws that restrict women’s choices often become barriers to equality. Discuss with recent examples.

• Intro: Kerala toddy shop ruling.
• Constitution: Articles 14, 15, 19(1)(g), 39.
• Courts: Anuj Garg, proportionality.
• Way forward: safety, not bans.
• Conclusion: substantive equality.