Beware night revellers of Mumbai, you may end up behind the bars or have to cough up to the tune of `50,000 as fine, if you either happen to touch bar dancers or throw currency notes at them.
This is one of the stringent provisions incorporated in the draft legislation aimed at regulating dance bars in the city and its suburbs approved by the Maharashtra government at a meeting chaired by chief minister Devendra Fadnavis here on Tuesday.
The draft legislation, which the BJP-led saffron alliance government plans to introduce during the ongoing budget session of the Maharashtra legislature, prescribes six months of imprisonment and a maximum fine of `50,000 for those either touching bar dancers or throwing currency notes at them.
The proposed legislation, which is being introduced in the aftermath of the Supreme Court lifting the ban dance bars across Maharashtra, also proposes a hefty fine of `25 lakh for illegal operation and a deadline of 11:30 pm up to which it can operate.
Among other things, the draft legislation has imposed restrictions on "Vulgar" dances or actions and "skimpy" dressing by bar dancers concerned. It bars the setting of dance bars within 1 km of educational institutions and places of worship,
According to the draft legislation, it is mandatory for dance bar owners to install CCTV cameras at the entrance of their establishments and also on the dance floor. The owner will have to keep the CCTV footage for 30 days. It also prescribes a fine of `10 lakh or imprisonment for 3 years for the owner if a dancer is found to be exploited.
While the proposed legislation allows consumption of alcohol at dance bars, it has strictly prohibited use of drugs. It also makes it mandatory for the bar owner to maintain personal record of all his employees. Women under the age of 25 would not be allowed to work as dancers. The proposed legislation also suggests deployment of women security guards, while it makes it mandatory on the establishment owners to seek consent of waitresses and bar dancers if they wish to work after 9.30 pm. The legislation is in line with the stand taken by the chief minister in November last year that while it favoured a blanket ban on dance bars, it would explore legal options to regulate the bars.
The State Government had taken the stand in the wake of a directive given by the Supreme Court to implement to implement its October 15, 2015 order on dance bars. Through its order, the apex court had asked the Devendra Fadnavis dispensation to decide within two weeks the hoteliers’ application seeking grant of licence for running them in the state.
Subsequently, the state government had announced that it would come out with a legislation to regulate dance bars. As part of the exercise, the chief minister had set up a 25-member committee with legislators from all parties to deliberate on the issue and make suggestions.
It may be recalled that after carrying out necessary amendments in the Bombay Police Act, 1951, the then Congress-NCP alliance government had on August 14, 2o05 had banned dance bars in Maharashtra.
The Indian Hotel and Restaurant Association challenged the ban move in the Bombay High Court, which on April 12, 2006 quashed the state government’s decision and declared the provision unconstitutional, saying it was against Article 19(1)(g) (to practice any profession, or to carry on any occupation, trade or business) of the Constitution.
later on July 16,2013, the Supreme Court upheld the Bombay High Court’s April 2006 ruling striking down the legislation banning dance bars in the state,
The State Assembly had on June 13 2014 passed the Maharashtra Police (second amendment) Bill which prevented licenses for dance performances in three-star and five-star hotels. The ban also covered drama theatres, cinema halls, auditoriums, sports clubs and gymnasium.
On October 15 2014, the Supreme Court stayed the operation of 2014 amendment in the Maharashtra Police Act paving the way for reopening of dance bars across Maharashtra.