Due to the fact that the tourism and hospitality sector contributes 1.5 million jobs to Kerala, legal barriers that prevent women from working in the sector have an adverse effect on their economic freedom and right to equal status and opportunities as guaranteed by the Indian Constitution and international human rights treaties.

Section 56B of Kerala Abkari Act , Rule 27A of Kerala Foreign Liquor Rules as well as licensing conditions are not allowing women to get employed in any capacity for serving liquor in licensed premises. 

While Kerala Excise Policy of 2022-23 seeks to authorise pubs in IT industry zones and ramp up the retailing network by sanctioning more than 100 new outlets, the job opportunities created out of these policies are not accessible to half of Kerala’s population, ie. women.

In Dhanya Mol C.J vs State Of Kerala, 2015 Kerala High Court judgement upheld the petition of two females who worked as bartenders stating that “The right of women should not be denied on fanciful assumptions of what work the woman could do and could not do. Whether the work is of an arduous nature and, therefore, unsuitable for women must be decided from the point of view of how women feel about it and how they would assess it…”

The Court made the observation that “Instead of putting curbs on women’s freedom, empowerment would be a more tenable and socially wise approach. Also, with the advent of the modern State, new models of security must be developed. There can be a setting where the cost of security in the establishment can be distributed between the State and the employer.” The right of a woman to choose her profession and where and what type of work to be engaged in should be guaranteed to her. The argument of restricting them for reasons of security and protection is not tenable as it shows the weakness of the state in protecting its citizens. Further bringing in more women to bartending can make bars a safer place for women. Thus the courts are progressive in their approach and support the easing of the restrictions through amendments to the law.

Officially there are 665 licensed bar hotels functioning in Kerala. A major part of Kerala’s revenue comes from the liquor industry, which is monopolised by the State. Even with a minority of women consumers in the sector, a safer environment can be ensured for them in liquor establishments and bar hotels with women as employees. Further, the reform can catalyse a change in the social stigma around women working in bars and hotels 

Through this project, we aim to suggest amendments to the excise laws in Kerala, opening up opportunities for women to work as bartenders and waitresses at establishments with bar licenses in Kerala, thereby ensuring that women are given equal opportunities in the workplace.