No bars on women, rules HC

In a ruling that could have far reaching implications for the burgeoning hotel industry, the Delhi High Court today held that no restriction could be imposed on women for being employed in the hospitality sector, even if they worked at bars, banquets and restaurants serving liquor.

While striking down an archaic law, a Division Bench comprising Justice Mukul Mudgal and Justice H R Malhotra said, "In fact, we find that the Section 30 of the Punjab Excise Act applicable in Delhi state, purporting to be a special provision, has today become a hindrance and impediment to women's careers in the hospitality industry."

The court struck down as "unconstitutional" Section 30 of the Punjab Excise Act which prohibited women, and men below the age of 25 years, from serving liquor at public places.

"The petitioner has sought to highlight the fact that the past century has seen several social and economic reforms relating to emancipation of women and the Section 30 is an archaic piece of legislation reflecting the structural and social norms of the past century," the 25-page order said.

The Hotel Association of India and four others, including two women hotel management graduates employed in the industry, had challenged the constitutional validity of the Punjab Excise Act, 1914 that imposed restrictions on the rights of women to pursue a career in hotel management.

They had contended that how the state could impose restrictions on women particularly when the government did not deem it necessary to ban the supply and sale of liquor.

Senior counsel Arun Jaitley, along with Ravi Sikri, appearing for the petitioners, argued that the Act violated the fundamental right of women to choose their own profession and discriminated against them on the basis of their gender.

According to the petitioners, while the right to trade in liquor has not been banned, it, indeed, has been encouraged by the present administration of the National Capital Territory as is evident from the recent steps taken by authorities to make available liquor more easily by having longer working hours for wine shops.

The government, on the other hand, had contended that the bar was put for safety and well-being of women as sexual offences generally occurred under the influence of liquor.

The court, however, protected women from being compelled to serve liquor by employers against their wishes.

It asked the Hotel and Restaurant Association of India to give an undertaking that "no women employee will be compelled to serve in a bar in case she has any objection to such deployment."