The Nationalist Congress Party on Thursday criticised the Maharashtra government after the Supreme Court struck down some stringent rules related to dance bars in the state, and said there cannot be a complete ban on such establishments.
Party spokesperson Nawab Malik claimed that the Bharatiya Janata Party-led government had presented a “weak side” before the Supreme Court, because of its “nexus” with the association of dance bar owners. Dhananjay Munde, a Nationalist Congress Party leader and the leader of the Opposition in the Maharashtra Legislative Council, backed Malik’s remarks.
“The government has once again fallen short in presenting its side on dance bar ban before the court,” he tweeted. “Concerned about effects of the decision in future. The government should immediately take legal steps to see dance bars do not start operating again.”
Nishant Katneshwarkar, the Maharashtra government’s lawyer, claimed that it was happy with the judgement, NDTV reported. “Our main intention was to protect the bar girls and that has been upheld by the court,” he said. “Whoever comes to us fulfilling the conditions, we will give licences.”
State Home Minister Ranjit Patil said the government would curtail any “untoward activities” at dance bars, PTI reported. However, the state will respect the Supreme Court’s verdict, he added. “Within the ambit of the decision, we will maintain vigilance so that no untoward activities happen under the garb of dance bars,” he said.
“The state has not received a written copy of the court order,” Patil added. “Once we get that, we will study it and decide the further course of action.”
State Education Minister Vinod Tawde denied the Nationalist Congress Party’s allegations, saying that the BJP-led government did a good job of presenting its case in the top court.
Social activists, however, welcomed the ruling. Bharatiya Bar Girls’ Union President Varsha Kale, who has been fighting for the cause of bar dancers, said the verdict was a great victory. “We have won this case several times [in various courts] but this victory is bigger,” she added. “I hope the state authorities will start issuing licences to dance bars so that thousands of bar dancers, who had to switch over to other professions and those working as waiters and singers in hotels, could come back and restart their life.”
Bureaucrat-turned-activist Abha Singh said the apex court order was progressive and asked the state government to accept it gracefully. “The SC, from day one, treated dance as an occupation, So, the state government’s unilateral decision violated the fundamental right to life of these women,” she added. “If the state is so concerned about the dignity of women, then why is prostitution going on openly in Mumbai?”
Manjit Singh Sethi, who led the legal battle to reopen the bars and had earlier moved the Bombay High Court, also welcomed the decision. “This will help thousands of bar dancers to live with dignity,” he added.
A bench headed by Justice AK Sikri upheld some sections of the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women Act, 2016. It ruled that tips can be given to performers but customers cannot shower cash and coins inside the bars. It also allowed orchestras and upheld the time of five-and-a-half hours for dance performances.
However, the court struck down a provision that said that dance bars must be located 1 km away from religious establishments and educational institutions, and another which made CCTV cameras mandatory. It set aside the provision that there must be partition between bar rooms and the dance floor, and ruled that liquor can be served in bars.
The court upheld the provision that women working in dance bars should have a contract, but quashed another that held that they must be paid monthly salaries.
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