Mumbai: Are men and women equal? Apparently, the debate is not yet settled. In perhaps a first, the Bombay High Court has sought documentary evidence to support the 'claim' that men and women are equal.
The Womanist Organisation of India (WOI) and the Bhartiya Bar Girls' Union (BBGU) had filed a petition seeking the quashing of a provision in the Shops and Establishment Act, 1948 that forbids women from working in any establishments like restaurants and bars after 9.30pm. The HC has now asked them to produce documentary proof of gender equality to support their petition.
"We are looking up various studies carried out by reputed institutions which show that men and women are equal," said Vishal Thadani, advocate for WOI and BBGU. Thadani said that the court asked for documents that speak of gender equality in general and not just in the realm of labour laws.
The WOI and the BBGU had filed a petition contending that the 9:30 deadline deprived women working in bars as waitresses or singers (not bar dancers) the right to earn their livelihood.
The state government, in an affidavit filed before the court earlier, had refused to compromise with the provision in the Shops and Establishment Act, stating that "women employed in these establishments are from the poor strata of society and are prone to illegal exploitation at the hands of the male customers, hotel staff, etc. And hence they are not allowed to work after 9:30 pm."
The affidavit, filed by Pandit Kale, senior inspector of police, hotel branch, further said, "The waitresses working in these establishments can never be equated with women in other fields, such as air-hostesses and lady staff in the hospitality industry."
The police had supported the 9:30pm deadline for women employed in bars as the owners do not take the responsibility to drop them home and ensure their safety. Hearing the case last week, the court had remarked that if women and men were equal, why did the women working late need protection? It is then that the division bench of Justice DK Deshmukh and Justice RG Ketkar sought documents pertaining to the equality of men and women.
Brushing aside the wishes of nearly 2,835 women working in 292 bars in the city, Kale also said that "most of the bar premises are not suitable for ladies to work as they are not provided with basic amenities."
Going a step further, Kale, in his affidavit, has stated, "It was found that ... bar owners are exploiting the lady waitresses for immoral and illegal activities, which are against the public interest and society. I say that several lady services bars are mushrooming in the city, endangering the public morality and culture."
hyeah:
