The West Bengal Assembly has passed the West Bengal Finance Bill, 2025, introducing key legislative changes, including lifting restrictions on women’s employment in bars to promote gender equality.
Kolkata: The West Bengal Assembly has passed the West Bengal Finance Bill, 2025, introducing significant legislative changes, including the removal of restrictions on women’s employment in bars. The bill, tabled by Minister of State Chandrima Bhattacharya, aims to amend the Bengal Excise Act, 1909, and other related laws to promote gender equality and economic relief measures.
Amendments and Objectives
One of the key provisions of the bill is the removal of the prohibition on the employment of women in ‘ON category’ liquor shops, which allow liquor consumption on their premises.
Previously, women were barred from working in such establishments under outdated provisions of the Bengal Excise Act, 1909. The amendment seeks to eliminate gender-based discrimination in employment, recognizing the right to equality enshrined in Article 14 of the Indian Constitution.
Article 14 guarantees
“equality before the law and equal protection of the laws”
to all citizens, prohibiting discrimination based on gender, among other factors. By lifting restrictions on women’s employment in bars, the state government aligns its laws with constitutional principles and promotes women’s economic empowerment.
State Government’s Justification
During the legislative discussion, Minister Chandrima Bhattacharya emphasized that the government firmly opposes gender-based discrimination and is committed to fostering an inclusive workforce. The amendment ensures that women have equal employment opportunities in all sectors, including hospitality and liquor-serving establishments.
Additionally, the bill contains provisions to strengthen the regulation of raw materials such as jaggery, which is often used in illegal liquor brewing. By granting the state government enhanced monitoring powers, the legislation aims to curb illicit liquor production and promote lawful trade.
Support for the Tea Industry
Apart from gender-related reforms, the West Bengal Finance Bill, 2025, also introduces crucial amendments to the Bengal Agricultural Income-tax Act, 1944, offering tax relief to the tea industry. This relief particularly targets small tea gardens, which have been struggling financially since the pandemic. The bill acknowledges the economic challenges faced by tea planters and seeks to reduce their tax burden to ensure the sustainability of the industry.
No Additional Financial Burden on the State
The bill clarifies that its implementation will not have any direct financial implications for the state government. Instead, it is aimed at creating a more equitable employment landscape and supporting key industries without imposing extra fiscal costs.
With this legislative reform, West Bengal joins a growing list of states that are revising archaic employment laws to align with constitutional rights and contemporary labor standards. The passage of this bill marks a progressive step towards gender equality, ensuring that women have the right to work in all professional sectors without discrimination.
Article 14 and The Right To Work
Article 14 of the Indian Constitution guarantees “equality before the law” and “equal protection of the laws”. It prohibits discrimination and ensures equal opportunities for all, including women, in employment. Several landmark Supreme Court and High Court rulings have reinforced women’s right to work by striking down discriminatory laws and workplace restrictions.
Air India v. Nargesh Meerza (1981 AIR 1829)
Issue: The case challenged the discriminatory service conditions for female air hostesses, including their early retirement age, marriage restrictions, and unequal promotional opportunities compared to male employees.
Ruling: The Supreme Court held that imposing unfair service conditions on women violated Articles 14, 15(1), and 16 of the Constitution. It ruled that employment policies based on gender stereotypes are unconstitutional.
Significance: This case reinforced that employment policies must provide equal opportunities for women without arbitrary restrictions.
Vishaka v. State of Rajasthan (1997 6 SCC 241)
Issue: The case arose after a social worker was gang-raped in Rajasthan. It highlighted the lack of legal protection against workplace sexual harassment.
Ruling: The Supreme Court laid down Vishaka Guidelines, recognizing sexual harassment at the workplace as a violation of Articles 14, 15, and 21. It emphasized women’s right to work in a safe and secure environment.
Significance: This case set the foundation for the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, ensuring equal and safe work opportunities for women.
Anuj Garg v. Hotel Association of India (2008 3 SCC 1)
Issue: The case challenged a provision of the Punjab Excise Act, 1914, which prohibited women from working in liquor-serving establishments.
Ruling: The Supreme Court struck down the law, ruling that such restrictions violated Articles 14 and 15 by reinforcing gender stereotypes. It stated that women should be given the freedom to choose their profession and that protective discrimination should empower, not restrict, women.
Significance: This case is directly relevant to the West Bengal Finance Bill, 2025, as it struck down restrictions on women working in bars and liquor shops, affirming their right to work under Article 14.
Secretary, Ministry of Defence v. Babita Puniya (2020 7 SCC 469)
Issue: Women officers in the Army were denied permanent commission and command positions based on gender.
Ruling: The Supreme Court ruled that such denial was unconstitutional, violating Articles 14 and 16. It held that equality in employment includes equal career progression opportunities.
Significance: This judgment reinforced that women must not face discriminatory employment restrictions in any sector, including traditionally male-dominated fields like the military.
The West Bengal Finance Bill, 2025, which allows women to work in bars and liquor-serving establishments, aligns with these judgments. By removing gender-based employment restrictions, the bill upholds the constitutional right to equality under Article 14 and ensures that women have the freedom to choose their profession without discrimination.
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