A two-judge Supreme Court bench comprising of Justices A K Sikri and Ashok Bhushan ruled on Tuesday (15 January) that the Maharashtra government cannot impose a total prohibition on dance bars in the state, reports Live Law. The court also removed some of the strict conditions required for grant of licenses to run dance bars.

The proceedings stemmed from a number of petitions submitted before the court by bar owners and the ‘Bhartiya Bargirls Union’ which challenged the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (Working therein) Act, 2016.

"It is submitted that the Impugned Act and Rules unreasonably interfere with free choice of expression in dramatic performances, and the right of women to practice occupation of self-expression through such dramatic performances. More egregiously, the Impugned Act imposes fetters on dancing as a form of entertainment and also fails to secure the rights of women performers from being stigmatised,” the petitioners contended.

It was also argued that the state government’s assertion that dance bars promoted obscenity was based on common perceptions rather than being grounded in material evidence. The petitioners claimed that their right to earn a livelihood through legitimate means was being violated by the prohibitions and conditions under the state act.

The court in its order has done away with the requirement of compulsorily installing CCTV cameras inside dance bars holding it to be a violation of the right to privacy and has revoked the condition that licenses only be granted to ‘persons with good character and no criminal record’.

The bench also quashed the prohibition of establishing dance bars within a one-kilometre radius of educational institutes and places of worship and rejected the ban on serving alcohol in such premises. While showering of currency notes on performers won’t be allowed, payment of tips to performers has been okayed by the court.

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