Petition challenging dance bar law admitted in Supreme Court, Maharashtra government to reply
Owners of the establishments took issue with the state’s new ‘obscene dance’ Act, saying it is vague.
The Supreme Court on Tuesday agreed to hear a petition by dance bar owners from Maharashtra, which argues that the state's new law preventing “obscene dance” in such establishments is vague. The state had enacted the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (working therein) Act, 2016, two years after the Supreme Court had ruled that dance bars should be allowed and workers there should be treated as professionals.
The bench asked the state government to respond to the petition by September 21, though it observed that the new law appeared to undermine the court’s judgment. The court said its 2014 ruling was based on Article 19 – freedom of profession – raising questions that the law may not be constitutionally valid.
As part of their arguments, the petitioners took issue with one of the provisions – throwing money at the dancers. However, the court agreed with the state on this, saying such an act “affects the dignity of women”. The petitioners also submitted that the definition of “obscene” was given in the law as, “anything which aroused prurient intent of audience”, which they said was unclear.