Mumbai: Upholding the Bombay High Court verdict on dance bar in Maharashtra, the Supreme Court on Tuesday said that dance bars in Mumbai can be reopened.
Dance bars were banned by Maharashtra Government in 2005.
The Bombay High Court had lifted the controversial ban on dance bars that was implemented by the state government on August 15, 2005, saying it was an act of discrimination on the part of the state as it violated Article 14 of the Constitution of India that guarantees the right to equality.
After seven years, the Supreme Court concluded the hearing in State of Maharashtra vs Indian Hotel and Restaurants Association and Anr, Civil Appeal No. 2705 of 2006. A bench comprising Chief Justice of India Altamas Kabir and Justice Surinder Singh Nijjar heard arguments on behalf of the State of Maharashtra, bar owners, dancers, feminist groups and other social organizations.
The State of Maharashtra sought to justify the ban in public interest, alleging that bar dancing is obscene and vulgar and depraves morals, fuels trafficking and prostitution and causes exploitation of women who dance in the bars.
Representing some dancers and womens groups in the case, the Lawyers Collective (LC) had defended the Bombay High Courts decision. LC submitted that besides being a profession/occupation, dancing is also a medium of expression and protected under Article 19(1)(a) as a fundamental right. Citing Article 15, LC had argued that the ban on bar dancing was based on stereotypical notions of gender and perpetuated sex-discrimination.
President of Mumbai Dance Bars Owners Association Manjeet Singh Sethi welcomed Supreme Courts verdict.
