SC puts ban on dance bars in Maharashtra on hold

CM Fadnavis plans to press demand for continuing ban; as of 2005, these bars in the Mumbai Metropolitan Region, Raigad and Pune had a turnover of Rs 4,000 cr

For dance bar owners and their employees here, Diwali has come about a month early this year, with the Supreme Court on Thursday putting on hold a controversial law banning these bars in Maharashtra.

The court, however, added, "We have a rider that no performance of dance will be remotely expressive of any kind of obscenity... the licensing authority can regulate such dance performances so that individual dignity of the woman performer is not harmed."

Reacting to the interim order, Maharashtra Chief Minister Devendra Fadnavis tweeted though the interim order mandated regulation instead of a ban on these bars, the government remained in favour of a ban. He added the state government would examine the order and press its demands before the apex court. Bar owners cheered the Supreme Court's decision, with the owner and employees of a bar at Tardeo in south Mumbai, performing a puja and distributing sweets. A senior member of the Dance Bar Owners Association said he hoped "acche din" would be a reality for owners and employees soon. "When the ban was imposed in 2005, there were about 1,400 dance bars in the Mumbai Metropolitan Region, Raigad and Pune districts, with a turnover of over Rs 4,000 crore," he said.

Some of these bars shut permanently, while some are operating with licences for live orchestra or bars employing waitresses, which the state allows. "As of now, there are 15,000 women working in bars. Some are waitresses, while others perform live orchestra.

DANCE BAR BAN SAGA

• Aug 15,’05: Ban implemented across Maharashtra, following amendments to the Bombay Police Act, 1951
• Apr 12,’06: Bombay High Court strikes down the amendment as “unconstitutional”
• May 10,’06: State government approaches Supreme Court. The apex court admits the government's petition, also continues stay on grant of licences permitting dance bars
• Jul 16,’13: The Supreme Court upholds the High Court verdict. SC permits bars to reapply for their licences and reopen
• Jun 13,’14:  Maharashtra Cabinet passes an ordinance banning dance bars. On the same day, a Bill to amend the Maharashtra Police (Second Amendment) Bill, 2014, to abrogate the Supreme Court ruling is introduced and passed in the legislative assembly. The Bill re-introduces the previous ban on dance bar and extends the ban to three-star and five-star hotels, as well as cultural events and festivals  in luxury hotels.
• Sept ‘14:  Based on a petition filed by the Indian Hotel and Restaurant Association challenging the 2014 ban, the Supreme Court issues a notice, directing the Maharashtra government to reply to the petition
• Feb 6,’15:  Supreme Court issues a second notice to the Maharashtra government, seeking its reply
• Oct 15,’15: Supreme Court stays ban on dance bars

About 75,000 women were working when the state government imposed the ban in 2005. The ban hit them badly. Some of those women turned to prostitution, while some have died to prolonged illness. A few have managed to survive due to other jobs," said Varsha Kale, president, Bharatiya Bar Girls Union. Manjit Singh Sethi, president of the Dance Bar Owners Association, said the apex court had paved the way for reopening of dance bars. "However, if the chief minister talks about continuing the ban, the association might have to file a contempt petition in the Supreme Court," he said. Kale said the reopening of dance bars came as a boon to many women. "The government should not now stretch it further," she added. However, she added the government should ensure stringent rules were applicable to prohibit obscenity and vulgarity.

"Not only the performers, the ban also had an impact on beauty parlours, taxi drivers, tailors, etc," she added.