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Rule prohibiting women to serve liquor in licensed hotels declared unconstitutional

While deciding the constitutionality of the new Rule 27A and condition 9A under the head Conditions in Forms FL 3 introduced via amendment of the Kerala Foreign Liquor Rules dated 9-12-2013 which prohibits women from being employed “in any capacity for serving liquor on the licensed premises’, a bench of D.S. Naidu J held that Rule 27A of Kerala Foreign Liquor Rules as well as condition 9 A under the head Conditions in Forms FL 3 fall foul of the Constitutional scheme of gender equality as has been spelt out in Articles 14, 15 (1); & (2) and 16 (1); & (2) of the Constitution of India, and hence is unconstitutional.


In the matter of constitutionality of the new Rule introduced via amendment of the Kerala Foreign Liquor Rules dated 9-12-2013, 2015 SCC OnLine Ker 19753, decided on 17.08.2015

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