 "Supreme Court allows dance bars in Mumbai")
While the Congress-Nationalist Congress Party (NCP) government in the state is seriously mulling the amendments to the Bombay Police Act and filing a review petition in the Supreme Court, the bar owners called upon the government not to make it an ego issue. The bar owners also hinted that they will counter any further move by the government legally.
Upholding the right of bar dancers, the apex court Bench of Chief Justice Altamas Kabir and Justice S S Nijjar on Tuesday rejected the Maharashtra government’s plea against the Bombay High Court verdict striking down the police orders that banned dancing in hotels below three stars. Pronouncing the judgement, Justice Nijjar said they have not touched the question of the right of dancing girls under article 19(A).
A visibly shaken state home minister R R Patil, at whose behest the state government had decided to ban dance bars in 2005, said the government is yet to get the apex court order copy. A high-level committee comprising lawyers and senior legislators would be formed to decide the future course of action, he added.
“Amendments to the Bombay Police Act and approaching the apex court for a review petition are some of the major options. The government will make announcement in this regard before the conclusion of ongoing monsoon session of the state legislature," he noted.
Understandably, bar owners are upbeat. M S Sethi, president of Fight For Rights of Bar Owners Association, told Business Standard : “The apex court order will help revive the night life in Mumbai. This will give jobs to girls. Is dancing a sin? The government stands exposed on its claim that dance bars were responsible for prostitution and they were instrumental in promoting criminal activities. Despite ban since 2005, dance bars especially prostitution was on, at the outskirts of Mumbai. The politicians should no more make an attempt to achieve mileage. The re-opening of dance bars will help state government get more revenue through sales tax and excise duty.” He added that the bar dancers had contended that besides being discriminative, the police order impinged on their right to livelihood.
However, Sethi said the Association will announce its future course of action only after going through the apex court order. He recalled that there were about 1,200 dance bars, which were operational before the 2005 ban, but now there are just around 700. “During the last eight years, some of them have been closed down or some are not keen to revive their licence. Mumbai police had cancelled all licences subject to the outcome of the Supreme Court ruling. Now that the SC ruling has gone in our favour, the police decision stands automatically cancelled. I don't see any reason why we cannot re-start the dance bars from today,” Sethi added.
According to him, it would not be possible to give exact turnover clocked by dance bars at the time of imposition of ban. “However, those dance bars in operation were earning Rs 10,000 to Rs 30,000 a day only on account of snacks and liquor. This does not include the cash, which was showered on dancing girls.” The bar dancers had contended that besides being discriminative, the police order impinged on their right to livelihood.
Varsha Kale, leader of the bar dancers' association, also welcomed the apex court judgement, saying the long struggle has finally ended in their favour.
Meanwhile, opposition parties Shiv Sena and the Bharatiya Janata Party (BJP) attacked the state government for its failure to make a strong argument in the apex court. State BJP president Devendra Fadnavis said his party was “totally against the culture of dance bars and they must not function. Unfortunately, the government lacked the will and failed to remove loopholes in the law."
He asked the government to file a review petition or make suitable amendments to the law.
Shiv Sena legislator Ramdas Kadam said the Supreme Court order has come as a major embarrassment for the state government.
However, Bhaskar Jadhav, president of the Maharashtra NCP unit, insisted that the ban on dance bars should continue, taking into account a widespread support of the members of public. “I will appeal the state Cabinet to carry out scrutiny of the apex court order through law and judiciary department and later take necessary decision to continue the ban. The government needs to decide future legal course of action.”
Sachin Sawant, spokesman of the Maharashtra Pradesh Congress Committee said it was a unanimous demand from various organisations and parties to support the ban on dance bars. “It seems there is a possibility of some errors in fighting the legal battle. The government must see to it what best can be done.”