Case Brief: Garg And Others v Hotel Association of India | Important Acts and Laws for Judiciary Exams PDF Download

Facts of Garg And Others v Hotel Association of India

• Background: In the case of Garg And Others v Hotel Association of India, Section 30 of the Punjab excise act, 1914, prohibited the employment of individuals under the age of 25 or women in premises where liquor or intoxicating drugs were consumed.
• Legal Challenge: The Hotel Association of India contested the constitutionality of this section, specifically concerning the employment of women, citing violations of constitutional articles related to equality and non-discrimination.
• Delhi High Court Ruling: Upon petition, the Delhi High Court declared Section 30 as ultra vires in relation to articles protecting the right to practice professions, equality before the law, and prohibition of discrimination based on various grounds.
• Public Response: Citizens challenged the High Court's ruling regarding the prohibition of employing men under 25 years old.

Judgement: Garg And Others v Hotel Association of India

• The Judgment pertained to a colonial law, the act was initially enacted during the colonial era in India by the British and was retained post-independence under Article 372 of the constitution.
• Although the act was considered valid at the time of enactment, changes in societal norms and international standards could render it invalid under Articles 14, 15, and 19 of the constitution.
• Changes in social perspectives and expectations over time were crucial factors in evaluating the constitutionality of laws.
• International treaties and conventions played a significant role in shaping judgments related to gender equality and women's rights in India.
• Legal decisions like Hariharan v Reserve Bank of India and Municipal Corporation of Delhi v Female Workers highlighted the necessity of incorporating international obligations into domestic laws to combat discrimination against women.
• The principle of equal pay for equal work, recognized by the International Labour Organization, was emphasized as a fundamental right enshrined in the Indian Constitution.
• The judgment underscored the importance of reevaluating laws in the context of evolving societal norms and values, particularly regarding gender equality and employment rights.

Analysis of the Judgement

• The Supreme Court's ruling emphasized the prohibition of discrimination in employment based on gender, aligning with international standards and jurisprudence.
• International law principles, as interpreted by courts, were instrumental in addressing gender inequality and discrimination, referencing jurisprudence from various jurisdictions.
• The judgment questioned the justification of discrimination rooted in culture and tradition, highlighting the need to assess laws in contemporary contexts and their relevance.
• Classification of laws based on societal norms at the time of enactment might become obsolete as circumstances evolve, necessitating a reassessment of their applicability.