The new law, to be tabled in the legislature next week, may also lay down a steep Rs2 lakh annual fee for permissions in municipal areas, such as Mumbai, Rs1.75 lakh in municipal counxils and Rs1 lakh in other areas.
In its bid to ensure that dance bars do not reopen in Maharashtra, the state government is seeking to impose conditions such as setting up an independent mechanism, consisting of women and voluntary groups, to ensure there is no vulgarity, banning alcohol in bar rooms and not allowing these establishments in residential buildings.
In addition, the state is insisting on a huge 1km minimum distance between these bars and educational and religious institutions. The bar rooms also need to secure the consent of at least three-fourth of the residents, in case they are to be located in a semi-residential building. This will make it difficult to set up these establishments in a city like Mumbai, which has a mix of residential and commercial areas.
The new law, to be tabled in the legislature next week, may also lay down a steep Rs2 lakh annual fee for permissions in municipal areas, such as Mumbai, Rs1.75 lakh in municipal counxils and Rs1 lakh in other areas.
Some members of a legislative committee that is examining the draft bill are skeptical if this law will stand up to legal scrutiny.
The proposed bill, which seeks to ban vulgar dances in hotel, restaurants and bars in Maharashtra and exploitation of women working there, will be tabled in the state Legislative Council on Monday and in the Legislative Assembly on Tuesday, said sources.
In 2015, the Supreme Court had struck down the total ban on dance bars, while upholding the right of bar dancers to follow their profession, directing the Maharashtra government to grant licenses to these establishments.
The state had imposed a set of 26 stringent conditions before allowing the opening of dance bars, which was challenged by the dance bar association.
The state has announced a committee of legislators from both Houses to work on a legislation to prevent these bars from reopening. The second meeting of the committee, which was attended by chief minister Devendra Fadnavis, was held on Thursday.
The fresh draft makes a few changes from the ones suggested in the previous version.
"We are planning a mechanism to monitor if these rules are implemented and there is no vulgarity. We cannot just pass the legislation. We have to implement it as well. If this is done by the police, there will be allegations about corruption and moral policing. Hence this mechanism will consist of NGOs and women groups. The Vishakha guidelines against sexual harassment at the workplace will also be implemented," said a senior home department official.
He added that while the entrances to dance bars will have to be covered with CCTVs, the performing area will also be under its ambit. "We will not allow the live feed to the police station. We will, however, cover the dance floor while maintaining privacy of customers," said the official, adding that the performance area will be brought under the definition of public place.
The apex court had refused to allow CCTV coverage of the performance area and a live feed to the nearest police station.
A legislator who is part of the committee pointed out that these stringent and impossible-to-fulfill conditions were an "eyewash" which could enable a "backdoor entry for dance bars". "These restrictions can be thrown out by the courts and then the government can go to the people and say they were helpless as the courts have struck the law down," he charged, adding that this could turn out to be a "money-minting business for the police".
Home department officials, however, claimed they had secured legal opinion from experts and said any legal challenges to the bill could be contested.
The ban
In 2005, the then Congress-NCP government had banned dance bars. The ban was struck down by the high court in 2006 and apex court in 2013. A cabinet sub-committee then suggested an amendment to the Maharashtra Police Act, 1951, which was approved. An interim stay, however, was granted on these amendments in October 2015. This month, the SC had modified some of these conditions.
The conditions:
Vulgar dance has been described as one that arouses viewers and involves sexually suggestive actions, display of genitals and nudity
Customers will not be allowed to throw coins and currency notes in the direction of the dancers. They will, however, be able to give "consolation prizes" to all dancers by adding the amount in the bill.
Smoking will not be allowed
The stage measuring 10x12 feet will need to have a three-feet fence and the distance between this fence and the sitting area for customers must be five feet.
Only four dancers will be able to dance on the stage at a time, though other artistes will be allowed on it. These dancers must be above 21 years of age.
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