Indian Hotels and Bar Association v State of Maharashtra Writ Petition (CIVIL) No. 576 of 2016 - Synopsis
Team SoOLEGAL 29 Sep 2020

Section-33A of the Bombay Police Act, 1951 prohibited any dance performances in either permit rooms or eatery houses or beer bars whereas Section-33B permitted three star hotels and similar government owned places of entertainment to hold dance performances. These provisions were inserted through an amendment in 2005 with the object of securing morality and dignity of women working at these places. A writ petition against Section-33A was filed before the Bombay High Court by the Indian Hotel and Restaurant Association on the grounds that such restriction:

(a)    discriminates against female dancers employed in eateries as compared to dancers in three stars and governmental hotels and government institutions;

(b)   interferes with their freedom to work and their right to a job

The Bombay HC held in favor of the Plaintiff and said that Section-33A is in violation of Article-14 and Article-19(1)(g) of the Indian Constitution. Subsequently, the Government of Maharashtra lodged an appeal at the Supreme Court to have the word "all dance" contained in section 33A be read as "dances that are indecent and disrespectful to women's dignity". The Supreme Court affirmed the Bombay High Court's judgment and it claimed that Section-33A breaches Article 14 of Indian Constitution on the ground that the provision is based on an inappropriate assumption that the so-called elites (i.e. the wealthy and the famous) are more respectable, moral, or characteristic than their counterparts who have to rely on lower-quality facilities in the dance bars.

The Apex Court has found that Section-33A to be in violation of Article 10(1)(g), on the grounds that it affects the right of women to work and that it has led to many women being coerced into prostitution. The Court further called upon the government to take positive steps to ensure the safety of those who work as bar dancers, who are mainly female, and to improve their working conditions.

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