Contempt Plea Against Dance Bar is a PIL, Says Supreme Court

Mumbai: The Supreme Court has said that a contempt petition filed against the Maharashtra government for violating its guidelines while granting licences to dance bars is in the nature of a public interest litigation (PIL).

A division bench of Justices BV Nagarathna and Prashant Mishra, on July 10, dismissed the contempt petition observing: “This contempt petition is, in substance, in the nature of a public interest litigation, seeking for implementation of the final order dated 17.01.2019… We do not think that the petitioner can maintain the contempt petition.”

Contempt petition filed

The apex court was seized of the contempt petition filed by one Ravi Pandayan, through advocate Anand Jondhale, against the government for violating the court’s guidelines while granting licences to dance bars and failing to maintain public morality and decency.

On January 17, 2019, the Supreme Court had paved the way for the reopening of dance bars in Mumbai by relaxing stringent conditions imposed by the state government on their licensing and functioning.

The SC had struck down certain provisions of the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurant and Bar Rooms and Protection of Dignity of Women (Working therein) Act, 2016. The court further rewrote the rules to maintain a balance between public interest and the constitutional right to earn a livelihood.

PIL soon to be filed before Bombay HC

The government has failed to comply with the statements of objects and Reasons of Rules for Licensing and Controlling Places of Public Amusement (other than Cinemas) and Performances for Public Amusements including Melas and Tamasha’s Rules 1960 [Amusement Rules] and has permitted performance of dance in an “indecent, obscene and vulgar manner, which not only violates the dignity of women but also gives rise to exploitation of women”, it contended.

The contempt petition contends that the “action of the state of being inactive towards such activity is arbitrary and bad in law and a clear violation” of the SC order. “The state government adopted a pick and choose policy and completely failed in discharging its duty towards obeying the orders of the court,” read the petition.

Jondhale’s said that in view of the SC’s observation they will soon file a public interest litigation before the Bombay High Court.