The Supreme Court has criticised the new bill framed by the Maharashtra govt, saying that the regulations on dance bars cannot be prohibitory.
The Supreme Court has again rapped the Maharashtra government with regards to the dance bar bill passed earlier in April this year.
Hearing a petition pertaining to regulations on dance bars in Maharashtra, the SC pulled up the Maharashtra Government for framing rules that prohibit the opening of dance bars within a distance of 1 km from educational institutions. They said that such rules are prohibitive, reports ANI. The Maharashtra govt has replied saying that the rule will be revised. "Dancing is a profession, if it is obscene, then it loses its legal sanctity. Govt regulatory measures can't be prohibitory," the SC told the Maharashtra govt.
Expressing displeasure over the government's attitude, the apex court said that it is better to dance than go begging, highlighting the abject poverty of many of the women employed in the profession.
After the SC struck down the law making dance bars illegal in Maharashtra, the government came up with new conditions in the Maharashtra Prevention of Obscene Dance in Hotels, Bar Rooms and Protection of the Dignity of Women Act, 2016. But many of the rules are extremely rigid, making it virtually impossible for businesses to comply and get licences to operate dance bars.
According to the provisions of the said Bill, no dance bar would be allowed to open in one km distance from any religious place or educational institution.
Other conditions say that a customer touching a dancer faces imprisonment up to six months. There is also a provision of a three-year imprisonment and a fine of Rs 10 lakh for exploitation of the dance bar girls. The minimum age for dance bar girls has been fixed at 21 years and timing has been restricted from 6-11.30pm. The government has also made it mandatory for dance bar owners to have a biometric registration of all employees.
Last week, the Supreme Court took strong note of non-compliance of its order asking Mumbai Police to grant licenses to dance bars within ten days after they complied with the modified conditions, and sought the presence of the concerned police officer before it.
"What have you done so far? It (process of granting licenses) should have been completed by the date fixed by us," a bench comprising Justices Dipak Misra and Shiva Kirti Singh said and sought the personal appearance of the Deputy Commissioner of Police (DCP) dealing with the licensing issue of dance bars to personally appear on April 25.
The bench also asked the authority to file a "compliance affidavit" before the next date of hearing.
The court, while modifying certain pre-conditions framed by police for granting licenses to dance bars on March 2, had said, "the modified conditions along with conditions on which there is no cavil shall be complied with within three days and the respondents (Maharashtra and its police) shall issue the licenses within ten days therefrom."
"We are sure the authorities shall act in accordance with the command of this Court and not venture to deviate." At the outset, senior advocate Jayant Bhushan, appearing for Indian Hotel and Restaurant Association, alleged that Maharashtra has not complied with the direction to grant licenses to the dance bar owners within ten days after they complied with the modified pre-conditions and urged the court to summon a responsible officer to the court.
With agency inputs
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