The Maharashtra government is set to amend its existing laws to prevent the reopening of dance bars across the state. This decision comes in response to certain establishments exploiting legal loopholes to resume operations, despite previous bans.
Historical Context
In 2005, under the leadership of then Home Minister RR Patil, Maharashtra imposed a ban on dance bars by introducing Section 33A to the Maharashtra Police (Amendment) Act, 2005. This legislation prohibited all forms of dance performances in eating houses, permit rooms, and beer bars. However, in 2006, the Bombay High Court overturned this ban, a decision upheld by the Supreme Court in 2013.
In an attempt to circumvent these rulings, the state government extended the ban in 2014 to include high-end hotels and clubs, which were previously exempt. This move faced criticism from the Supreme Court in 2015 for disregarding its earlier judgments favoring dance bar owners.
The 2016 Legislation
To address the situation, the Maharashtra government enacted the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (Working Therein) Act in 2016. This act aimed to prohibit obscene dances and improve working conditions for women, ensuring their dignity and safety. The stringent regulations made it challenging for dance bars to operate, effectively keeping them closed. However, in 2019, the Supreme Court partially upheld the validity of this act but emphasized that the state must approach the issue with an open mind, allowing regulated performances without total prohibition.
Current Developments
Recent reports indicate that some establishments have been attempting to bypass the law by operating as orchestra bars, which closely resemble the previously banned dance bars. These venues often feature performances that skirt the boundaries of the law, raising concerns about the exploitation of women and the erosion of public morality.
In response, the state home department has proposed amendments to the 2016 Act to close these loopholes. A government official stated, “We intend to make the process of opening such establishments exceedingly difficult, deterring any attempts to restart them.” The proposal is slated for discussion in the upcoming cabinet meeting and will subsequently be presented to the legislature.
Industry Perspective
Representatives from the hospitality sector, such as Sudhakar Shetty of the Indian Hotel and Restaurant Association (AHAR), have expressed unawareness of the recent developments. The industry has previously voiced concerns over stringent regulations, arguing that they impact livelihoods and the economy.
Conclusion
The Maharashtra government’s steadfast approach to amending the law governing dance bars underscores its commitment to preserving the dignity of women and upholding public morality. By addressing and rectifying existing legal loopholes, the state aims to prevent the resurgence of establishments that have been a subject of controversy and legal battles for over a decade.
