Maharashtra's dance bars issue back in Supreme Court
Posted July 29th, 2016, 10:31 AM IST

New Delhi: The Indian Hotels and Restaurants Association has moved the Supreme Court challenging a new law enacted by Maharashtra government to close down dance bars in the State.
In a fresh petition the association accused the BJP led government of coming out with a fresh enactment, to circumvent the apex court’s ruling in 2013, upholding dance bars in the state, which involved the livelihood of 75,000 dancers.
It questioned the legality of the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (Working therein) Act, 2016.
It pointed out that the apex court had already directed the State to grant licenses to eligible restaurants who comply with provisions of the Maharashtra Police (Second Amendment) Act, 2014. and hence the new law was a contempt of court.
The petition said the State has deliberately brought in the new law “to circumvent and virtually overrule the judgment and order dated 16.7.2013, in the garb of purported regulations, are making it impossible to run and establish a ‘Dance Bar’ and it is leading to a situation of virtual ban on performance of dance of any kind or type in Eating Houses, Permit Rooms and Beer Bars.”
The petitioner submitted the new Act notified on April 16, 2016, stipulate several conditions which lead to a prohibition on having dance performances in the restaurants as the definition of ‘obscene’ is very vague. It said the new law even prohibited handing over tip to the dancers. It also assailed a number of other provisions in the new enactment. The petition is expected to come up for hearing next week.
In a fresh petition the association accused the BJP led government of coming out with a fresh enactment, to circumvent the apex court’s ruling in 2013, upholding dance bars in the state, which involved the livelihood of 75,000 dancers.
It questioned the legality of the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (Working therein) Act, 2016.
It pointed out that the apex court had already directed the State to grant licenses to eligible restaurants who comply with provisions of the Maharashtra Police (Second Amendment) Act, 2014. and hence the new law was a contempt of court.
The petition said the State has deliberately brought in the new law “to circumvent and virtually overrule the judgment and order dated 16.7.2013, in the garb of purported regulations, are making it impossible to run and establish a ‘Dance Bar’ and it is leading to a situation of virtual ban on performance of dance of any kind or type in Eating Houses, Permit Rooms and Beer Bars.”
The petitioner submitted the new Act notified on April 16, 2016, stipulate several conditions which lead to a prohibition on having dance performances in the restaurants as the definition of ‘obscene’ is very vague. It said the new law even prohibited handing over tip to the dancers. It also assailed a number of other provisions in the new enactment. The petition is expected to come up for hearing next week.
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