MAHARASHTRA DANCE BARS

Jan. 18, 2019

The Supreme Court has set aside certain provisions of a law imposing restrictions on the licensing and functioning of dance bars in Maharashtra.

Timeline:

  • 2005: The Maharashtra government banned all dance bars in the state.

  • 2006: Bombay High Court quashes the ban.

  • 2013: Supreme court upholds the order of the Bombay high court.

  • 2014: The Dance bar regulation bill passed by Maharashtra assembly unanimously.

  • 2015: Supreme Court ordered dance bars to be thrown open again and classified dance as a profession.

  • 2016: Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (working therein) Act, 2016 brought in to circumvent supreme court verdict.

  • 2019 (January): Supreme Court allows re-opening of dance bars.

Recent verdict:

  • The supreme Court quashed certain provisions of the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (Working therein) Act, 2016, arguing that dance is an occupation. Some of these provisions are –
    • mandatory installation of CCTVs (as it is a violation of privacy),

    • only persons of good character would be allowed to run dance bars (as the term “good character” is too vague),

    • partition between bar rooms and the dance floor and

    • Dance bars should be 1 km away from religious places and educational institutions (as it is not geographically possible in a city like Mumbai)



  • However, it upheld some provisions. These are –
    • Allowing the payment of tips to performers as it has been customary and an integral part of traditional dance culture (but showering of currency notes cannot be allowed).

    • Fixing the timing of dance bars in the state from 6 pm to 11.30 pm.



Reception:

  • Social activists and Bharatiya Bar Girls' union hailed Supreme Court’s verdict paving way for reopening of dance bars in Maharashtra.

  • Thousands of bar dancers, who lost their jobs or were forced to work as waitresses and singers in hotels, can come back to their original profession. Over 75,000 women were employed in dance bars when the state government decided to shut them down in 2005.

  • According to a section of lawyers, Supreme Court has drawn a balance between the rights of citizens and duty of the state to govern.

Source : The Hindu