West Bengal Govt Seeks to Amend Excise Act, Removes Gender-Based Restrictions in Bars

West Bengal moves to amend the Excise Act, ending the ban on women working in bars to promote gender equality and economic inclusion
West Bengal Govt Seeks - Amend Excise Act - Removes Gender-Based Restrictions - Bars - taxscan

The West Bengal government has introduced a bill to amend the Bengal Excise Act, 1909, seeking to remove longstanding provisions that prohibit women from working in establishments where liquor is consumed on the premises, commonly known as ‘ON’ shops.

Background

Under the existing Bengal Excise Act, 1909, there are restrictions that prevent women from being employed in licensed establishments where alcohol is served for on-site consumption. These provisions have been criticized for being discriminatory and outdated, limiting employment opportunities for women in the hospitality industry.​

Proposed Amendments

The bill presented by Minister Chandrima Bhattacharya proposes to eliminate the clauses that restrict women’s employment in ‘ON’ shops. Minister Bhattacharya described the current prohibitions as “discriminatory,” explaining the need to align state laws with contemporary views on gender equality.​

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Judicial Precedent

This legislative initiative aligns with the Supreme Court‘s ruling in Anuj Garg & Ors v. Hotel Association of India & Ors (2007) 1 SCC 491, where the Court held that excluding women from employment in bars based solely on gender violates constitutional protections against discrimination. The Court emphasized that such restrictions reinforce gender stereotypes and are incompatible with the principles of equality enshrined in the Constitution.​

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Additional Provisions

Beyond addressing employment discrimination, the proposed amendments aim to strengthen regulatory measures within the state’s excise framework:​

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  • Combating Illicit Liquor Production: The bill includes provisions to monitor and control the use of molasses, a key ingredient in liquor production, to prevent its diversion for manufacturing illicit alcohol. This measure seeks to enhance public health and safety by curbing the distribution of unregulated and potentially hazardous liquor.​

  • Support for the Tea Industry: Recognizing the economic challenges faced by the tea sector, especially smaller tea gardens recovering from the pandemic’s impact, the bill proposes tax relief measures to support this vital industry.​

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