Supreme Court rejects ban on dance bars; upholds women’s right to work as bar dancers

16 July, 2013, New Delhi: The Supreme Court of India today rejected the Maharashtra Government’s decision to forbid dancing in beer bars, calling the ban unconstitutional. The ban dates back to August 2005, when the Maharashtra State Legislature enacted the Bombay Police (Amendment) Act of 2005, amidst strong political support. The ban was selective in nature; while section 33A prohibited ‘any type of dancing’ in an “eating house, permit room or beer bar”, section 33B allowed dance performances in three star and above hotels and other ‘elite’ establishments. The ban was immediately contested by bar owners and dancers’ unions. On 12 April 2006, the Bombay High Court struck down the law on the grounds that the prohibition on dancing violated the right to carry on one’s profession/occupation under Article 19(1)(g) of the Constitution. The High Court also held that disallowing dances in some establishments while permitting them in others was arbitrary and infringed the right to equality under Article 14.