Kerala High Court Strikes Down Rule Barring Women from Working in Toddy Shops
Kochi, October 29, 2026: The Kerala High Court has declared unconstitutional a rule prohibiting women from being employed in any capacity in toddy shops across the state. Justice P. Gopinath struck down Rule 7(37) of the Kerala Abkari Shops Disposal Rules, 2002, holding that the restriction violates Articles 14, 15, 19 and 21 of the Constitution of India.
Background of the Case
The ruling came in Sophy v. State of Kerala & Others, a petition filed by Sophy, whose husband, K.J. Kunjupalu, had worked at a toddy shop in Ponjanam, Thrissur district. Following his death in May 2024, Sophy sought employment at the same establishment on compassionate grounds. Her request was rejected because Rule 7(37) prohibited women from working in toddy shops.
Challenging the constitutional validity of the restriction, Sophy argued that the blanket prohibition unfairly denied women employment opportunities solely on the basis of gender.
State's Defence and Court's Reasoning
The State government defended the rule on the ground that it was intended to protect women from exploitation and workplace harassment, particularly because toddy shops may be situated in remote locations. The respondents also argued that the working conditions in toddy shops differed from those in foreign liquor shops.
The High Court rejected the justification for a blanket prohibition, holding that the State's obligation to protect women cannot be fulfilled by excluding them from an entire industry. Instead, the government must establish safe working conditions and address workplace risks without denying women the opportunity to choose their professions.
The Court relied on the principles laid down by the Supreme Court in Anuj Garg v. Hotel Association of India, which emphasised that protective measures should not become a justification for gender-based exclusion from employment.
Constitutional Provisions Involved
- Article 14: Equality before the law and equal protection of the laws.
- Article 15: Prohibition of discrimination on grounds including sex.
- Article 19: Fundamental freedoms, including the right to practise a profession or carry on an occupation, subject to constitutional limitations.
- Article 21: Protection of life and personal liberty.
Decision and Its Significance
The High Court declared Rule 7(37) unconstitutional and held that licence conditions based on the invalidated provision could not be sustained. It directed the authorities to consider Sophy's claim for compassionate employment without applying the struck-down rule.
The judgment reinforces the principle that workplace safety must be ensured through appropriate safeguards rather than a blanket gender-based employment ban. It is a significant development in constitutional equality, women's employment rights and the regulation of employment in the state's toddy-shop sector.
Source: Bar & Bench, LiveLaw and other published reports on the Kerala High Court's decision in Sophy v. State of Kerala & Others.