19-Jan-2019
In
the latest verdict, it was held by the Supreme Court, that there cannot be a
total prohibition of dance bars in Maharashtra. The Bench has also relaxed the
stringent conditions imposed by the Government for getting a license for dance
bars.
The
performers will be allowed on the premises of the bar and discotheques but
showering of the money has been disallowed by SC. The performers can be tipped
by customers though.
The
SC has paved the way for the opening of dance bars in Mumbai and other cities
in Maharashtra, and relaxed stringent conditions imposed by the Maharashtra
government for getting licenses for dance bar.
“Dance and liquor can coexist and there is no need
to segregate the area where liquor is served to patrons from the dancing area,”
it said.
The
petitioners argued that the Maharashtra Prohibition of Obscene Dances in
Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (working
therein) Act, 2016 is arbitrary and violative of their right to earn a
livelihood through legitimate means.
Upholding
the Bombay High Court's verdict, the Supreme Court ruled that the ban was
unconstitutional and decided to hear the matter later. The Supreme Court set
aside certain provisions of a law imposing restrictions on the licensing and
functioning of dance bars in Maharashtra.
On
August 15, 2005, the Maharashtra government had banned all dance bars in Mumbai
to “prevent immoral activities, trafficking of women and to ensure the safety
of women in general”. As many as 700 dance bars across Mumbai and Maharashtra
were shut down. The ban also pushed nearly 70,000 bar girls out of jobs,
reportedly forcing many into prostitution.
The state government’s ban was challenged in the
Bombay High Court in 2006 on grounds that it was in violation of Articles 14
and 19 of the Constitution, which guarantee the right to equality and the right
to practice any profession respectively. The court ruled that the ban infringed
both of these rights and overturned it.
The
apex court bench headed by Justice AK Sikri, however, laid down some riders:
-The court said a rule that dance bars should
be 1 km from religious places and educational institutes are "no
reasonable " in Mumbai.
-Performers at dance bars can be
paid tips but they cannot be showered with cash, the top court said.
-The Supreme Court also backed
fixing the time and asking dance bars in the state to operate from 6 pm to
11.30 pm.
-The rule requiring a partition
between barrooms and the dance floor was also canceled by the court.
-Compulsory installation of CCTV
cameras was also struck down by the court that said the rule violates
privacy.
-The Supreme Court struck down a
provision that the owner of the dance bar should have a "good
character" and no "criminal antecedents". "There is no
precise definition of what amounts to good character and criminal
antecedents," the court.
-Dance bar owners had objected
to the restriction of maintaining a 1-km distance from any religious or
educational structure claiming it was not possible in big cities. They had told
the court that the state government adopted an attitude that it will not permit
dance bars irrespective of court orders.
-The Dance Bar Regulation Bill
unanimously passed by the state assembly in 2016, banned serving liquor in
performance areas and mandated that the premises must shut by 11:30 pm. It also
imposed heavy penalties on dance bar owners and customers for not following
these rules.
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