Implement order on dance bars: SC

The Supreme Court on Thursday asked the Maharashtra government to explain why bar dancers can’t practise their profession under the law, while reminding it of the obligation to follow its previous order lifting ban on dance performances in bars and restaurants.

“Individual freedom to carry out his or her profession is a natural right unless that freedom is contrary to any law or obnoxious to any law. Dance is a respectable profession in many a form,” a bench of justices Dipak Misra and Prafulla C Pant said. The court told the government that the regulatory authorities have to consider within two weeks its October 15 directions — relating to dignity of woman and no obscenity — in deciding as many as 60 pending applications for opening dance bars.

Senior advocate Harish Salve, appearing for Maharashtra, submitted that dance bars were evil as youngsters come to such bars to have drinks and dance, resulting in behavioural changes in among them. He sought four weeks to file a fresh affidavit, explaining the government stand.

The court, however, asked him, “They are all professional dancers. If they do it under social norms, should there be prohibition? Secondly, women also have distinct Constitutional status. Should they be deprived of carrying out their profession. Should we treat it as a social evil?”

Hearing
Salve said it would require a detailed hearing to explain the position. He said the government would place all the materials before the court as to what happened to 75,000 dancers when there was stay on such bars.

Senior advocate Kapil Sibal, appearing for the hotel owners association, asked whether the legislature could bring out the same law which had been struck down by the apex court. Salve countered by saying that though Part-III of the Constitution relating to Fundamental Rights can’t be amended, Parliament still has amended it.

The court allowed the state government to file further affidavit within four weeks.