High Court allows women to work in toddy shops; strikes down blanket ban
WOMEN can now work in toddy shops in Kerala, following a landmark ruling by the Kerala High Court that struck down a provision prohibiting their employment in such establishments.
Justice P. Gopinath declared Rule 7(37) of the Kerala Abkari Shops Disposal Rules, 2002, unconstitutional, holding that the blanket restriction violated fundamental rights guaranteed under Articles 14, 15, 19 and 21 of the Constitution.
The judgment, dated August 5, 2026, came in response to a petition filed by a 47-year-old woman, Sophy Kunjupalu, from Irinjalakuda in Thrissur district. Her husband, who had worked as a manager at a toddy shop in Ponjanam, died in 2024.
Following his death, she sought employment at the same establishment on compassionate grounds under an industrial settlement scheme. However, her request was rejected, citing the rule prohibiting women from working in toddy shops.
Challenging the restriction, Sophy approached the High Court, arguing that it denied women equal employment opportunities.
The state government defended the provision, contending that toddy shops were often located in remote areas and that the restriction was intended to protect women from exploitation and workplace harassment. The shop licensee also opposed the plea, pointing to differences between toddy shops and foreign liquor outlets.
Rejecting these arguments, the court observed that women's safety could not be ensured by denying them the right to choose their profession. Instead, the government had a responsibility to provide a safe working environment and eliminate discriminatory conditions.
Relying on a 2008 Supreme Court judgment in Anuj Garg and Others v. Hotel Association of India, the High Court emphasised that protective measures should not become instruments of discrimination against women.
The ruling is expected to open up employment opportunities for women in a traditionally male-dominated sector.
According to the Kerala Toddy Workers Welfare Fund Board, the state has 4,324 toddy shops employing around 21,000 workers. Approximately 200 women are already engaged in cleaning-related jobs in the sector.
Sophy is expected to become one of the first women to take up a regular position in a toddy shop following the judgment. Her victory is being viewed as an important step towards gender equality and equal employment opportunities in Kerala.
