It might seem a major blow to the Karnataka government, which banned playing of live band in the bars and restaurants in Bangalore, but the Supreme Court  on Thursday held that trendy girls above the age of 21 can be employed as bar tenders to serve liquor in the bars, restaurants in the country. Upholding a judgement of the Delhi High Court, the apex court said there should be no restriction on women above 21 years being employed in hospitality industry including bars, banquets and restaurants which serve liquor.

A bench of Justices S B Sinha and H S Bedi said: “Such a restriction keeping in view a citizen’s right to be considered for employment, which is a facet of the right to livelihood do not stand judicial scrutiny.”

While striking down the provisions in the Section 30 of the Punjab Excise Act, 1914, the court said: “The rights of women as individuals rest beyond doubts in this age. If we consider feminist jurisprudence as also identity politics, it is clear that time has come that we take leave of the theme encapsulated in the act.”

“When the original act was enacted, the concept of inequality between two sexes was unknown… We may now look into the ground reality. In India, hospitality industry has grown by leaps and bounds. Liquor is being served not only in the bar but also in the restaurant and in rooms,” the court justified the reasoning. Boys and girls take degree in hotel management to enter service sector at the age of 22 or 23 and they can not be prohibited from seeking employment in the hospitality industry.

Leaving the decision to the persons seeking the employment, the court said: “Young men and women know what would be the best offer for them in the service sector. In the age of internet, they would know all pros and cons of a profession. It is her life, subject to constitutional, statutory and social interdicts — a citizen of India should be allowed to live her life on her own terms.”

Talking about the security of the girls, the court said it was the duty of the state to ensure circumstances of safety which would inspire confidence in women to discharge the duty freely in accordance with the requirements of the profession.

The Delhi HC has said: “In fact we find that the Section 30 of the Punjab Excise Act applicable in Delhi state, purporting to be a special provision, has today become a hindrance and impediment to women’s careers in hospitality industry.”