SC asks states/UTs to decide on plea seeking to conduct yatras on poll awareness
The bench was told that such orders prohibit all kinds of assemblies, meetings and demonstrations during the duration of elections.
The Supreme Court said on Thursday Maharashtra could not ban dance bars, even as it set aside certain provisions of a 2016 law that imposed restrictions on licensing and functioning of dance bars in the state. Noting that no licence had been issued since 2005, the court said there could not be total prohibition.
“Since 2005 till date, no licence has been issued. There may be regulation but that does not amount to total prohibition,” said a bench of Justice AK Sikri and Justice Ashok Bhushan.
Provisions like installation of CCTVs and a partition between bar rooms and the dance floor, which were mandatory under the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (Working therein) Act 2016, were quashed by the bench.
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Justice Sikri said there could be no segregation of dance stage and that of drinking and eating space.
The apex court also quashed the provision that said dance bars should be 1 km away from religious places and educational institutions.
It, however, upheld provision to fix the timing of dance bars from 6 pm to 11.30 pm, and also the definition of obscenity given in the state law, saying it was not vague.
The judges also made it clear that showering of currency notes on the performers could not be allowed, though they allowed payment of tips.
Striking down the provision that said the owner of the dance bar should have a “good character” and no “criminal antecedents”, the court said: “There is no precise definition of what amounts to good character and criminal antecedents.”
(With agency inputs)
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