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Kerala High Court strikes down ban on women working in toddy shops, calls it unconstitutional

hellohimachalse@gmail.com 29 Oct 2026 1 hour ago

New Delhi: The Kerala High Court has struck down a rule that prohibited the employment of women in any capacity in toddy shops, declaring the restriction unconstitutional. The order was passed while hearing a petition filed by Sophy, a 47-year-old woman from Thrissur, who sought employment at a toddy shop on compassionate grounds following the death of her husband, who worked there in 2024.

The court struck down Rule 7(37) of the Kerala Abkari Shops Disposal Rules, 2002, which barred women from working in toddy shops. The rule had prevented women from being employed in these establishments in any capacity.

Why did the Kerala High Court strike down the rule?

Sophy approached the court after she was denied employment on the grounds that the rules prohibited women from working in toddy shops. The state government argued that the restriction was intended to protect women from exploitation and workplace harassment. However, the High Court said the state could not fulfil its responsibility to protect women by preventing them from working in an industry of their choice.

The court said the government should instead ensure safe working conditions that give women the confidence to pursue their chosen professions. It also observed that a blanket prohibition was not justified or proportionate in the circumstances of the case.

What was the rule, and what happens now?

Rule 7(37) of the Kerala Abkari Shops Disposal Rules, 2002, prohibited the employment of women in toddy shops. The restriction was part of the conditions governing these establishments.

The High Court noted that it had previously struck down similar restrictions on women’s employment in foreign liquor shops. In those cases, the court had held that barring women from such jobs violated constitutional guarantees of equality.

The court said the state should address safety concerns rather than impose a blanket ban based on gender. The ruling removes the legal prohibition on employing women in toddy shops under the rule in question. It does not, by itself, guarantee a job to every woman seeking employment in such establishments.

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