The Supreme Court today upheld Maharashtra’s law governing dance bars in the state, while striking down some provisions of the legislation..This judgment was rendered by a Bench of Justices AK Sikri and Ashok Bhushan after the Court had reserved its verdict in the case on August 31, 2018..The Indian Hotel and Restaurant Association had approached the Supreme Court challenging the law brought in by Maharashtra with a view to regulating the operation of dance bars in the state..The Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (Working therein) Act, 2016 was introduced after the Court had quashed a previous executive order that dealt with licencing and operation of such establishments..However, following the Court’s decision, the state brought in the new law that imposed stricter restrictions on establishments for granting of licence of operation..Following are the highlights from the judgment.Upheld.The definition of “obscene dance” under Section 2(a) of the Act upheldCondition 9, in Part B which prescribes a time limit for bar dances from 6:30 pm – 11: 30, has been upheld.Section 8(2), which prescribes a punishment of up to three years’ imprisonment for allowing obscene dance or exploiting any working woman for any immoral purpose, has been upheld..Quashed.Section 6(4), which prohibits dance bars from getting a Discotheque or Orchestra licence, has been struck down.Further, Condition 12, which bans the serving of liquor at dance bars, has been set aside. The condition mandating setting up of CCTV cameras at dance bars has also been set aside.Rule 3(3), which lays down the condition of good character and absence of criminal antecedents for a person to hold a licence, has been quashed with the liberty granted to the Legislature to bring in a proper provision in this regard.Condition 2, which provides for separating the bar room from the establishment, stands quashed.Condition 11, mandating the distance between dance bars and schools and religious places to be one kilometer, was found to be unreasonable in a city like Bombay and set aside. The court granted liberty to the State to fix a more reasonable distance for the same..Partly set aside/ Read down.Section 8(4), which prohibits showering of currency notes and coins on the dancers, has been partly struck down. The Court has allowed payment of direct tips to the dancers, while disallowing showering of currency.Condition 2(b), which provides that working women should be employed under written contracts, has been upheld. However, the condition that such employment must be based on a monthly salary format was set aside, with the Court noting that such discretion of an employer cannot be taken away..Left to Legislature.Section 12, which provides for setting up of a grievance redressal committee, has been left to the Legislature to look into..The Bharatiya Bargirls’ Union had challenged the law before the Supreme Court in March 2017, arguing that the object of the state was to prevent dance bars from functioning. However, the state had argued that the new law was brought in for licencing purposes and to safeguard the interests of women employed at these establishments..The petition sought a direction for the Court to “declare that ‘bargirls’ or women performers and their occupation should not as a class be described so as to make them derogatory in the eyes of the legislature.”.It also took issue with the word ‘obscene’ used to describe the dance, noting that the word itself was ‘vague’ and ‘overbroad’. In addition, Section 8(4) and Condition B(6) are challenged as being violative of the right to earn livelihood, as they prohibit “women dancers from monetizing dance performances through tips or rewards offered by customers voluntarily as appreciation”..Read Judgment:
The Supreme Court today upheld Maharashtra’s law governing dance bars in the state, while striking down some provisions of the legislation..This judgment was rendered by a Bench of Justices AK Sikri and Ashok Bhushan after the Court had reserved its verdict in the case on August 31, 2018..The Indian Hotel and Restaurant Association had approached the Supreme Court challenging the law brought in by Maharashtra with a view to regulating the operation of dance bars in the state..The Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (Working therein) Act, 2016 was introduced after the Court had quashed a previous executive order that dealt with licencing and operation of such establishments..However, following the Court’s decision, the state brought in the new law that imposed stricter restrictions on establishments for granting of licence of operation..Following are the highlights from the judgment.Upheld.The definition of “obscene dance” under Section 2(a) of the Act upheldCondition 9, in Part B which prescribes a time limit for bar dances from 6:30 pm – 11: 30, has been upheld.Section 8(2), which prescribes a punishment of up to three years’ imprisonment for allowing obscene dance or exploiting any working woman for any immoral purpose, has been upheld..Quashed.Section 6(4), which prohibits dance bars from getting a Discotheque or Orchestra licence, has been struck down.Further, Condition 12, which bans the serving of liquor at dance bars, has been set aside. The condition mandating setting up of CCTV cameras at dance bars has also been set aside.Rule 3(3), which lays down the condition of good character and absence of criminal antecedents for a person to hold a licence, has been quashed with the liberty granted to the Legislature to bring in a proper provision in this regard.Condition 2, which provides for separating the bar room from the establishment, stands quashed.Condition 11, mandating the distance between dance bars and schools and religious places to be one kilometer, was found to be unreasonable in a city like Bombay and set aside. The court granted liberty to the State to fix a more reasonable distance for the same..Partly set aside/ Read down.Section 8(4), which prohibits showering of currency notes and coins on the dancers, has been partly struck down. The Court has allowed payment of direct tips to the dancers, while disallowing showering of currency.Condition 2(b), which provides that working women should be employed under written contracts, has been upheld. However, the condition that such employment must be based on a monthly salary format was set aside, with the Court noting that such discretion of an employer cannot be taken away..Left to Legislature.Section 12, which provides for setting up of a grievance redressal committee, has been left to the Legislature to look into..The Bharatiya Bargirls’ Union had challenged the law before the Supreme Court in March 2017, arguing that the object of the state was to prevent dance bars from functioning. However, the state had argued that the new law was brought in for licencing purposes and to safeguard the interests of women employed at these establishments..The petition sought a direction for the Court to “declare that ‘bargirls’ or women performers and their occupation should not as a class be described so as to make them derogatory in the eyes of the legislature.”.It also took issue with the word ‘obscene’ used to describe the dance, noting that the word itself was ‘vague’ and ‘overbroad’. In addition, Section 8(4) and Condition B(6) are challenged as being violative of the right to earn livelihood, as they prohibit “women dancers from monetizing dance performances through tips or rewards offered by customers voluntarily as appreciation”..Read Judgment:
