Bar on employing women in Bars is unconstitutional : Delhi HC
Bar on employing women in Bars is unconstitutional : Delhi HC
By By HRIOL New Service
NEW
DELHI, Feb 10, 2006 : SECTION
30 of the Punjab Excise Act prohibits employment of any man under the age of
25 or any woman in any part of the premises in which liquor is consumed.
This is supposed to be a Law to protect women but all women are not impressed.
At least two of them along with the Hotel Association of India and some graduates
of the Hotel Management course, hoping to make a career in the hospitality business
challenged this provision in the Delhi High Court. The petitioners submitted
that the right to trade the liquor was not banned, rather it has been encouraged.
They have urged that there is no reason to differentiate between men and women
in the hospitality industry and this Section violates Article 15 as the discrimination
is on the basis of sex. They also said that this legislation is rusted and obsolete
not suitable to the present socio economic context. The state argued that by
its very nature liquor trade had the potential to cause mischief and even evil.
The restriction imposed by the State was with a concern for Public order and
morality.
The High Court took the view that this Section 30, far from protecting women
has become a severe impediment in the way of women’s careers in the hospitality
industry. It seems to impose unreasonable restrictions on the right of women
to carry on their profession. The Court further observed that liquor is served
not only in Bars but also in restaurants, Banquets and even Hotel rooms and
baring women employment there would severely jeopardise her career. The Court
held that the feminine touch indeed lends grace and elegance to the hospitality
industry. Quoting Johns Stuart Mill ‘ no one is warranted in saying to
another human creature of ripe years, that he shall not do with his life for
his own benefit what he chooses to do with it’’, he High Court held
that the restrictions on the right of women to carry on their profession, imposed
by Section 30 are not reasonable.
The High Court found the Section violative of Article 15 on discrimination on
the grounds of sex.
One of the grounds taken by the State was estoppel. Once having accepted the
licence to trade in liquor, the petitioners were estopped from challenging the
conditions. This argument did not find favour with the High Court as it held
that there can be no estoppel in respect of Constitutional rights and in any
case the employees were not parties to the licence and they were not therefore
covered under the estoppel in the licence.
Therefore, the High Court declared Section 30 of the Punjab Excise Act violative
of Articles 19, 14 and 15 of the Constitution and so was declared inoperative.
However the High Court took an undertaking from the Hotel Association that no
women employee in the hospitality industry will be compelled to work in a Bar
if she had any objection.
(See
2006-HRIOL-01-HC-DEL-StateExcise
in 'Laws 4 U')
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