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2007 Supreme(SC) 1552

S.B.SINHA, HARJIT SINGH BEDI
Anuj Garg – Appellant
Versus
Hotel Association of India – Respondent


Judgement Key Points

The legal document discusses the constitutional validity of a statutory provision that restricts employment of women and young men below a certain age in the context of the hospitality industry, particularly where liquor is served. The court emphasizes that employment in hotel management is a specialized field requiring specific skills, and depriving trained individuals of employment opportunities solely based on age or gender discrimination is unjust. The doctrine of ‘res extra commercium,’ which permits regulation of trade in liquor, cannot be extended to employment practices in related industries, especially when such regulations result in discrimination.

The court highlights that the legislation must be justified on legitimate grounds and must be proportionate to the aim pursued. Discrimination based on sex or age must be scrutinized under a standard of reasonableness and proportionality, ensuring it does not perpetuate stereotypes or oppress individual autonomy. The importance of evolving social norms and the recognition of gender equality are underscored, asserting that laws should adapt to societal changes and promote equal opportunities.

Furthermore, the court notes that restrictions that result in invidious discrimination or that are rooted in outdated stereotypes violate constitutional principles of equality and personal freedom. The balance between security concerns and individual rights is acknowledged as complex, but any legislative interference must be proportionate and justified by a legitimate aim. Ultimately, the court dismisses the appeal against the high court's decision, affirming that the challenged legislation unjustifiably infringes upon constitutional rights and principles of equality.


judgment

S.B. Sinha, J. —

1. Leave granted.

Introduction

2.Constitutional validity of Section 30 of the Punjab Excise Act, 1914 (for short “the Act”) prohibiting employment of “any man under the age of 25 years” or “any woman” in any part of such premises in which liquor or intoxicating drug is consumed by the public is the question involved in this appeal which arises out of a judgment and order dated 12.01.2006 passed by the High Court of Delhi in CWP No. 4692 of 1999.

Background Facts

3.First Respondent is the Hotel Association of India. Its members carry on business in hotels. Liquor is served in the hotels not only in the bar but also in the restaurant. Liquor is also served in rooms as part of room service. First Respondent with four others filed a writ petition before the Delhi High Court questioning the validity of the said provision. By reason of the impugned judgment, Section 30 of the Act has been declared to be ultra vires Articles 19(1)(g), 14 and 15 of the Constitution of India to the extent it prohibits employment of any woman in any part of such premises, in which liquor or intoxicating drugs are consumed by the public.

4.National Capital Territory of Delhi appears to have



































































































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