Kerala High Court strikes down rule prohibiting women from working in toddy shops
GS2Polity · Governance · IR· Vulnerable sections (SC/ST, minorities, disabled, elderly, children)· Prelims + Mains·
Gender equality vs. protective discrimination: a GS2 case study on constitutional rights and employment.
Why in news
The Kerala High Court struck down a provision of the Kerala Abkari Shops Disposal Rules, 2002, which prohibited women from working in toddy shops, ruling it violated constitutional rights.
Background
Justice P. The State argued the rule was intended to protect women from exploitation in remote locations.
Facts for Prelims
- PlaceThrissur: District in Kerala where the petitioner is a native
- BodyKerala High Court: Judicial body that struck down the rule
- Act / BillKerala Abkari Shops Disposal Rules, 2002: Rules prohibiting women from working in toddy shops
- FactThe court ruled the ban violated constitutional rights to equality and trade
Prelims practice question
With reference to the Kerala Abkari Shops Disposal Rules, 2002, consider the following statements:
- The rules prohibited women from working in toddy shops.
- The court upheld the rule to protect women from exploitation in remote locations.
- The Kerala High Court ruled the ban violated constitutional rights to equality and trade.
Which of the statements given above is/are correct?
- (a)3 only
- (b)1 and 2 only
- (c)1 and 3 only
- (d)1, 2 and 3
Show answer
Answer: (c) 1 and 3 only — Statements 1 and 3 are correct. Statement 2 is incorrect: The court struck down the rule as it violated constitutional rights.
For Mains
Q. Critically examine the conflict between state-led protective measures for women and the constitutional right to equality in employment opportunities.
Dimensions to cover in your answer
- Constitutional conflict: Right to equality and freedom of trade vs. state-mandated protective discrimination
- Gendered labor barriers: Impact of exclusionary regulations on women's workforce participation in informal sectors
Keywords: Constitutional morality · Gender equality · Protective discrimination · Right to trade · Judicial activism
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