Full Breakdown
Kerala High Court Declares Ban on Women in Toddy Shops Unconstitutional
By Drooid · · How we work
In this breakdown
01
Core Decision
Justice P. Gopinath held that Rule 7(37) of the Kerala Abkari Shops Disposal Rules, 2002— which barred women from working in toddy shops— is unconstitutional. The provision violated Articles 14, 15, 19 and 21 of the Constitution. The bench declared the rule void and directed authorities to consider the petitioner’s request for a compassionate appointment.
02
Background & Context
The 2002 Rules regulated toddy sales and prohibited women’s employment in such establishments. The state argued the ban protected women in remote shops. The Kerala High Court had earlier struck down a similar prohibition on women in foreign-liquor shops (2017 Sanuja judgment). The government also cited the Supreme Court’s C B Muthamma decision, which permits differential treatment in certain occupations.
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03
Petitioner's Claim
Sophy, 47, of Thrissur, filed a petition after her husband K J Kunjupalu died on May 20, 2024. Kunjupalu worked at a toddy shop in Ponjanam. Sophy sought a compassionate appointment at the same shop but was denied because of Rule 7(37). She challenged the rule as a violation of her fundamental rights.
04
State’s Position
The state defended the restriction as necessary for women’s safety in remote toddy shops and argued that the liquor trade falls outside “ordinary commerce,” thus not attracting the right to carry on a trade. It referenced Supreme Court precedents allowing gender-based occupational distinctions where sensitivities differ.
05
Court’s Reasoning
Justice Gopinath rejected the justification, noting that protecting women cannot be achieved by denying them employment. He cited Supreme Court observations that the state must address unequal consequences of sex differences and create safe working conditions. A blanket prohibition was found neither justified nor proportionate, and any licence condition based on the ban could not survive scrutiny.
06
Legal and Social Implications
The ruling reinforces that gender-based occupational bans must meet strict constitutional scrutiny. Overturning the toddy-shop ban aligns the regulation with earlier judgments on foreign-liquor shops and may prompt review of other gender-based employment prohibitions in Kerala and beyond, shifting focus to safety measures rather than exclusion.
07
Timeline
- May 20, 2024 – Death of K J Kunjupalu.
- August 5 – Kerala High Court strikes down Rule 7(37) and orders consideration of Sophy’s compassionate appointment.
08
What’s Next
Licensing authorities must evaluate Sophy’s application for employment at the toddy shop. No further hearings or deadlines have been announced.