The Apex Court on 17.01.2019, in INDIAN HOTEL AND RESTAURANT ASSOCIATION (AHAR) & ANR. v THE STATE OF MAHARASHTRA & ORS.[1] , allowed the writ petitions  in parts which had been were filed to challenge  the  provisions of the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurant and Bar Rooms and Protection of Dignity of Women (Working therein) Act, 2016 along  with the  Rules framed  under  the  Maharashtra Prohibition of Obscene Dance in Hotels, Restaurant and Bar Rooms and Protection of Dignity of Women (Working therein) Rules, 2016 which tends to  violate the Fundamental Rights of the Petitioners ushered under Articles 14, 15, 19 (1)(a), 19 (1)(g) and 21 of the Constitution of India.

FACTS: 

The petitioner No.1, had been into the business pertaining to bars and restaurants in the city of Mumbai bearing registration under the Trade Unions Act. The Petitioner No. 2 being a secretary of petitioner No. 1  as well as an Indian citizen has been engaged in the running of restaurant and bar while the other the petitioner being a  registered Union. The aforesaid petition had been filed on behalf of many women dancers, singers as well as the waitresses. While the respondent being the State of Maharashtra and various departments or authorities of the State.

As per the provisions specified in Section 33 of the Maharashtra Police Act, 1951, respondent No.2 has the right in framing the Rules and taking suitable actions in preventing inconvenience etc. in the interests of public order, decency, morality. While as per the Amusement Rules, the  Premises License shall be granted after fulfilling the requirements mentioned under the Rules along with the conditions.

According to the petitioners, the members had the valid licenses and has been carrying on the business along with the renewing of such license from timely basis, however, it has been contended by the respondent that the rackets of prostitution had been running in such hotels wherein performances of dances were conducted. Resulting in the establishment of a Committee to recommend on dealing with such menace. Eventually, definite sections were inserted in the prohibiting any form of any dance in an eating house or permit room or bars.

A petition  was filed by the Indian Hotel and Restaurants Association where  the section of  the  Maharashtra Police (Second Amendment) Act, 2014  was challenged as according to the petitioners  it has been infringing  their  fundamental rights enshrined in Article 14, 19 (1)(a), 19 (1)(g) and 21  by  the  Constitution of India. Notice was issued by the Apex Court wherein a counter affidavit was filed by the respondent whereby through an order the Court gave a stay order upon the operation of the provisions specified under Section 33A(1) of the Act upholding that no such dance performance shall fall under the purview of obscenity. Hence, the concerned Act and Rules were enacted by respondent 1, that by which the provisions were under challenge. Subsequently, the writ petition had to face disposal for being infructuous.

DECISION HELD BY THE SUPREME COURT OF INDIA:

The Apex Court while partly allowing the writ petition  held that the genuine consequences, as well as the effect of such Act, is for prohibiting the dance bars while applications pertaining to granting of license should be regarded more objectively and with open mind in order to refrain from full banning of dance performances at aforesaid places as mentioned  in the Act.