The Hindu
Bangalore, Sep 26: The Karnataka Government is examining the possibility of challenging the single judge order of the High Court which lifted curbs on employment of women in bars and restaurants by quashing two sections of the Karnataka Excise Act, Minister for Law and Parliamentary Affairs S. Suresh Kumar has said.
Speaking to The Hindu, he said the Government was waiting for the full text of the verdict.
“The Government is clear in its stand that it is not advisable to make women work in bars and night clubs. The safety of women is in question when they work in a place with persons in an inebriated state,” he added.
Advocate-General Uday Holla said that the appeal would be filed after the Government gives the go-ahead. “We will wait and see the impact of the judgement. We will think of necessary steps later,” said Bangalore Police Commissioner Shankar M. Bidari. Making an oblique reference the bars and restaurants, he said: “We are concerned about the security. There are other Acts which can be enforced,” he said.
What is significant is that contrary to the perception that the High Court ruling opens the doors to jobs of women bar tenders alone, legal experts say that it refers to any woman seeking any form of employment in a place where liquor is served.
N. Devhdass, advocate for the petitioners (bar and restaurant owners and two women who sought employment), said that it applies to any form of employment on the “entire premises” where liquor is served, which could range from waiters, bar tenders, bar supervisors or any other job.
According to Joint Commissioner of State Excise, H.P. Erappa, the Rule 19 (1) of the Karnataka State Excise Act, 1965, gave a broad outline that “no women or children are allowed to work in a place where liquor is served.” The General Conditions Rule of 1967, under the Karnataka Excise Licences rule also sustains that the licensee shall not employ women and certain other categories of people.
These two clauses have been nullified by the High Court ruling.
Senior advocate Ashok Harnahalli said that excise rules were “arbitrary” against the Constitution which says that employment cannot be denied on the basis of gender. An earlier Supreme Court ruling on the Punjab Excise Act had struck down similar clauses.