Section 16 in Maharashtra Prohibition of Obscene Dance In Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (Working Therein) Act, 2016
16. Deletion of section 33A of the Maharashtra Police Act (XXII of 1951).
- Section 33A of the Maharashtra Police Act shall be deleted.[Maharashtra Dance Bars Law: In the case of Indian Hotel and Restaurant Association v. State of Maharashtra (2019), the court Partially upholded the validity of the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurant and Bar Rooms and Protection of Dignity of Women (Working therein) Act, 2016 and the Rules made thereunder, the bench of Dr. AK Sikri and Ashok Bhushan held that the State must have an “open mind” in matters relating to staging dance performances in dance bars.The court said : “State cannot take exception to staging dance performances per se. It appears from the history of legislative amendments made from time to time that the respondents have somehow developed the notion that such performances in the dance bars do not have moralistic basis.” The court also held that Installing of CCTV Cameras in these premises is totally inappropriate and amounts to invasion of privacy and is, thus, violative of Articles 14, 19(1)(a) and 21 of the Constitution. The Court, however, upheld the following provisions: Provision disallowing throwing or showering coins and currency notes on the performers. Provision relating to employer and performer entering into a written contract as well as depositing of the remuneration in the bank accounts and Provision prescribing timing of such dance performances only between 6 pm to 11:30 pm. (https:indiankanoon.org/doc/113334597/, https:www.scconline.com/blog/post/2019/01/17 maharashtra-dance-bars-law-heres-a-list-of-whats-been-struck-down-by-supreme-court-and-why/)]
