These clauses include banning alcohol in bar rooms, a minimum distance of 1km between these bars and educational and religious institutions and securing the consent of at least three-fourths of the residents in case they are to be located in a semi-residential building, apart from many more.
Within a month of being passed amidst much hype, the implementation of the new dance bar Bill has hit a roadblock. The home department, which is struggling with its implementation, has sought the opinion of the law and judiciary department to confirm if clauses other than those restraining "obscenity" can be made effective by the department in the backdrop of the recent apex court order that made it clear that any conditions besides those restraining "obscenity" will "not withstand".
These clauses include banning alcohol in bar rooms, a minimum distance of 1km between these bars and educational and religious institutions and securing the consent of at least three-fourths of the residents in case they are to be located in a semi-residential building, apart from many more.
As per sources, the law and judiciary department is yet to respond to the query. However, if the interpretation implied that the clauses other than those "restraining obscenity" cannot be implemented, the order will come as a big blow for the new government that has been struggling to ensure dance bars are not reopened.
"It is actually a technical issue as the order can be interpreted differently. However, since it's an apex court matter, we wanted to be on the safer side and hence would wait for the law and judiciary department to give its opinion before we go ahead further," said a senior officer.
The Supreme Court in its April 24 order pulled up the Maharashtra government for not granting licences to dance bars and warned it not to overstep its powers by defying apex court orders. "Dance is a profession. If it is obscene, then it loses its legal sanctity. However, the government regulatory measures can't be prohibitory. It's better for women to perform in dance bars than beg on the streets or indulge in unacceptable activities," the SC said.
The Maharashtra Assembly had on April 12 unanimously passed the Dance Bar Regulation Bill, which has provisions for stringent actions against the violators.
The new Bill fixes accountability on the owner in case of a violation of rules, exploitation of women employees or in cases of obscenity.
Owners or operators face up to up to five years in jail and fines of up to Rs25,000 for violations. Separate rules are being formulated on this, based on the provisions of the Bill.
The Bill also has a provision to repeal amendments to Section 33(A) of the Maharashtra Police Act that were earlier struck down by the Supreme Court. The Supreme Court, during hearings between October 2015 and March 2016, struck down two amendments through which the Maharashtra government banned dance bars. Following this, the Maharashtra Cabinet decided to bring in a new law to regulate dance bars.
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