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  India   ‘Booze ban in dance bars absurd’

‘Booze ban in dance bars absurd’

Published : Sep 22, 2016, 2:58 am IST
Updated : Sep 22, 2016, 2:58 am IST

The Supreme Court on Wednesday observed that the new law enacted by Maharshtra prohibiting liquor in dance bars is “absurd”, and directed the bars which had already been granted licence to function as

The Supreme Court on Wednesday observed that the new law enacted by Maharshtra prohibiting liquor in dance bars is “absurd”, and directed the bars which had already been granted licence to function as per the old rules (which allowed liquor).

When senior counsel Shekar Naphade, appearing for Mahrashtra, told a bench of Justices Dipak Misra and C. Nagappan that the government had an absolute right to ban liquor in dance bars, the bench asked him what was the point in giving bar licences and allowing dance performances if there was no service of liquor.

Justice Misra told the counsel “this is absolutely arbitrary and indicative of the state’s mentality which is absolutely regressive by centuries. Dancers are allowed to dance in dance bars, you (state) take steps to protect their dignity. But a ban on serving liquor will affect their rights. You can ban liquor in a hotel, but dance bars should be barred from such bans. It is a paradoxical situation that there is a bar but no liquor is served. Why don’t you bring law to prohibit liquor in the state By putting conditions, you have taken out the effect of the judgment, which is violative of Article 19(1)(g) of the Constitution.”

The counsel, however said “Serving and drinking liquor is not a fundamental right. I have an absolute right to say liquor cannot be served unless you (Supreme Court) take away my right through a judgment.”

Dance bar owners, represented by senior advocate Jayant Bhushan, said the state government wanted “juice dance bars” instead of real ones. He also brought to the notice of the court that imposing a condition to install CCTV will have a chilling effect on the visitors.

“Imagine hidden cameras inside a hotel room,” he added.

Defending the provision, Mr Naphade said “If something goes wrong there. The CCTV image will be used for investigation by the police. If you deny me this right, you are denying me the police powers of the state. A room is a private domain. A dance bar, like lobbies, staircases and hotel lounges, is a public space.” The bench, however said CCTV is not required in halls or lounge but only at the entrance. When the bench raised the issue of right to privacy because of the cameras, the counsel argued that police powers of the state had to be respected since there could be some untoward incidents too.

The bench said it would look into all the complaints against the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (working therein) Act, 2016 at a later stage and fixed the matter for final hearing on November 24.

Location: India, Delhi, New Delhi