Courtesy the Punjab Excise Act, 1914, women, who form a sizeable percentage of the hotel industry work force in Delhi, cannot be employed in a bar of a five-star hotel or a restaurant. Even men below the age of 25 years are not allowed to work in a bar.

The Hotel Association of India and the Oberoi group have now taken the matter to the court. They have filed a writ petition before the Delhi High Court challenging the constitutional validity of section 30 of the Punjab Excise Act, 1914 (applicable to Delhi), which prohibits all women and men below the age of 25 from being employed in licensed bars of its member hotels.

Interestingly, there is no bar on sex or age under the Factories Act, 1948, which applies to all the liquor manufacturing units in the country.The petition states that although other provisions of the Act are regulatory in nature, section 30 puts a complete prohibition/ embargo and should be set aside as it is discriminatory, illegal and unlawful.

Absolute prohibition is a violation of the fundamental rights of HAI's member hotels to carry out their business. The business of such hotels gets adversely affected as they are not in a position to employ trainees -- men below the age of 25 and women.

``By no standard, persons like Sachin Tendulkar, Ajay Jadeja, Mahesh Bhupati and Leander Paes should be treated as less matured than their counterparts who are above the age of 25 years. The age factor for employment of men, therefore, is a totally irrelevant consideration and puts unreasonable restriction on their right to choose avocation of their choice,'' the petition says.

According to HAI, the provision has totally outlived its utility in the present scenario as the social and economic fibre and values have undergone a sea change since it wasfirst introduced in 1962. Going by the provision, the employees of the hotel starting their careers at a young age of 20 to 23 years will not be in a position to work in food and beverage outlets, which include bars. Also the provision which prohibits a woman, whatever be her age, from being employed in these outlets, amounts to discrimination on the ground of sex alone.

HAI said that hotels including five-star luxury hotels operate after complying with all the provisions of all applicable laws and after obtaining all the permissions, clearances, licenses and other statutory provisions.

These licenses are granted after complete satisfaction of the excise authorities and the guidelines for grant of these licenses are extremely stringent.