Mumbai:
A law which prohibits women from working in bars and restaurant after 9:30 pm has come in for sharp rebuke by the Bombay High Court, with the judges likening the situation to that prevailing in Nazi Germany.
Bombay Shops And Establishment Act, 1948, has been challenged by Womanist Organisation of India (WOI) and Indian Hotel and Restaurant Association (IHAR), on the ground that it is discriminatory. The same rule does not apply to five-star hotels, the petitioners say.
During the hearing on Thursday, court was told that women bar employees have to carry a "nokarnama," a document containing their personal details all the time.
"Where are we living? In Nazi Germany?", Justice F I Rebello asked.
In an affidavit filed last year, the state had said that women working at bars come from "the poor strata of the society, and are prone to illegal exploitation at the hands of male customers, hotel staff, etc. Hence, they are not allowed to work after 9.30 pm."
This irked the division bench of Justices Rebello and Amjad Sayed further.
"How are these women supposed to exercise their right to livelihood? Do you think women are not exploited in other places? If they work in a house, wash your clothes... are they not exploited?," the bench asked.
"What kind of mentality is this that considers women like some commodity who have to be treated differently?" the court said.
The Court will hear state's argument on April 6.
Bombay Shops And Establishment Act, 1948, has been challenged by Womanist Organisation of India (WOI) and Indian Hotel and Restaurant Association (IHAR), on the ground that it is discriminatory. The same rule does not apply to five-star hotels, the petitioners say.
During the hearing on Thursday, court was told that women bar employees have to carry a "nokarnama," a document containing their personal details all the time.
"Where are we living? In Nazi Germany?", Justice F I Rebello asked.
In an affidavit filed last year, the state had said that women working at bars come from "the poor strata of the society, and are prone to illegal exploitation at the hands of male customers, hotel staff, etc. Hence, they are not allowed to work after 9.30 pm."
This irked the division bench of Justices Rebello and Amjad Sayed further.
"How are these women supposed to exercise their right to livelihood? Do you think women are not exploited in other places? If they work in a house, wash your clothes... are they not exploited?," the bench asked.
"What kind of mentality is this that considers women like some commodity who have to be treated differently?" the court said.
The Court will hear state's argument on April 6.
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