Maharashtra Govt Faces Contempt Petition In SC For Not Maintaining Public Morality In Dance Bars

A contempt petition has been filed in the Supreme Court against the Maharashtra government for violating guidelines laid down by the apex court while granting licences to dance bars and for failing to maintain public morality. The petition, filed by Ravi Pandayan through advocate Anand Jondhale, is likely to come up for hearing on July 10 before a division bench of BV Nagrathna and Prashant Mishra.

SC rewrote rules in 2019, to maintain balance between public interest & constitutional rights

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

The petition filed in the top court said “The state government adopted a pick and choose policy and completely failed in discharging its duty towards obeying the orders of the court.”

"Govt failed to comply with rules...giving rise to exploitation of women"

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 said.

The government is overlooking the reasonable restrictions imposed by the top court and is permitting dance performance “aimed at arousing the prurient interest of the audience and thereby giving rise to the trade of prostitution”, said Jondhale.

Petition mentions sting operation in APMC

The contempt plea mentioned a sting operation carried out on a dance bar in Navi Mumbai APMC. It pointed out that the bar is approximately 500 metres from the police station and said this that all the restrictions imposed by the Supreme Court are violated.

Petition points towards many violations of rules in dance bars

Not only is the dance bar allowed to be open beyond 11:30 pm, but also there are more than 20 dancers performing in an undignified manner in one room, against the maximum of four permitted on the floor by the apex court.

Several of these performers are minors, the contempt plea alleged and added that the customers shower coins and currency notes on the performers. There is no barricading, as directed by the Supreme Court, between the performers and customers, it said.

Petition seeks SC to “summon, try and punish the alleged contemnor"

The petition seeks that the Supreme Court “summon, try and punish the alleged contemnor for intentionally and wilfully flouting and disobeying the final order” of January 17, 2019, passed by the top court.