Dance bars are set to make a second comeback to Maharashtra after the Supreme Court on Thursday stayed a controversial law introduced by the State Government last year banning all kinds of dance performances in eating joints, permit rooms and beer bars.
The Association of Hotels and Restaurants, which had approached the apex court challenging Section 33A of the Maharashtra Police (Second Amendment) Act 2014, can apply for fresh licences to hold dance performances, the Bench of Justices Dipak Misra and PC Pant warned that the dance should not remotely be obscene. In the event, the dance bars violate the dignity of women through “obscene dances”, the court allowed the licensing authority to take steps, if necessary, even to revoke licence.
Reacting to the order, Maharashtra Chief Minister Devendra Fadnavis said, “Although the Supreme Court's interim order mandates regulation instead of ban on dance bars, the (State) Government still favours a ban. We will examine and press our demand in the Supreme Court.”
This is the second time the Maharashtra Government has been snubbed by the SC. On July 16, 2013, the apex court had dismissed the same provision contained in the Bombay Police Act 1951 introduced on August 14, 2005. The court had then said, “Restrictions in the nature of prohibition cannot be said to be reasonable as there could be several lesser alternatives available which would be adequate to ensure safety of women than to completely prohibit dance.”
The court noted the submissions of the Association made by senior advocates Kapil Sibal and Jayant Bhushan, who said, “The provision that was declared ultra vires in the earlier form has come back in the present incarnation, which is the same and therefore deserves to be stayed.” On comparing the earlier provision with the present one introduced in 2014, the Bench observed, “In the present case, similar provision has been introduced by enhancing the sentence of fine (from Rs2 lakh to Rs5 lakh).”
Additional Solicitor General Tushar Mehta, who represented the State Government sought to distinguish the present Act from the earlier one emphasising that the new Act aimed to secure the girls by prohibiting their dance performances which are largely seen to be obscene.
The Bench reminded the State what it stated back in July 2013. It had then said, The State Government will have a second chance to explain its point to the apex court on November 5, the next date of hearing before which Maharashtra Government has to file its response to the petition.