The Supreme Court on Thursday set a two-week deadline for Maharashtra Government to implement its order lifting the ban on dance bars and directed State to decide on issue of licenses to 60 applicants who came to the Court for permission to start dance performance at bars.
A bench of justices Dipak Misra and PC Pant expressed unhappiness that the State was yet to implement its order of October 15 when it began hearing the plea by Indian Hotels and Restaurants Association from Maharashtra. Appearing for the State, senior advocate Harish Salve argued that the State will defend the ban due to its nexus with obscenity and youth being spoilt. He sought time for the State to file an affidavit in response before the next date, fixed for February 10.
The Court, while adjourning the matter allowed an application filed by Vinod Patil, President of RR Patil Foundation who had a grouse that the State Government failed to defend the ban effectively on the previous date. Its intervention application stated that reopening of dance bars would lead to increased crimes.
Regardless of State’s objection, the bench was of the firm view that its order must be enforced. It said that what was sought to be banned was a profession and anybody had a right to carry out a profession so long as it is performed within acceptable parameters. The bench asked Salve, “How can women be barred from earning their livelihood by performing dance. It still remains a respectable profession in our country.”
The debate between morality and livelihood was decided in favour of the dance bar owners on July 16, 2013 when the Supreme Court had upheld the Bombay High Court verdict quashing State Government’s order banning dance bars. The State assembly on June 13 last year brought the Maharashtra Police (Second Amendment) Act 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 gymkhanas, where entry is restricted only to members.