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The Bombay High Court has taken a crucial step towards potentially changing work hour regulations for women in Mumbai’s restaurants and bars. The court has directed women’s organisations and restaurant owners to make representations to the state government, highlighting discrepancies between existing laws that govern women’s working hours.
Currently, the Bombay Prohibition Act of 1949 restricts women from working beyond 9.30 pm, whereas the Shops and Establishments Act does not impose such a limitation. This inconsistency has led to challenges from women’s organisations and industry groups, questioning the constitutionality of the outdated laws. Petitions filed in 2008 by Jayantilal Rathod and the Indian Hotel and Restaurant Association (AHAR) sought to address these concerns, but the court noted a lack of specific instances demonstrating enforcement of the 9.30 pm deadline.
Instead of ruling on the constitutionality of the laws, the court has urged the state to consider any representations regarding relaxing the rules under the Bombay Prohibition Act. This decision paves the way for possible regulatory changes, aiming to create more consistent and flexible work hour restrictions for women in the hospitality sector.
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