12 January,2017 08:40 AM IST | | Vinay Dalvi
While arguing in SC against AHAR petition on its stringent dance bar law, state says bar dancing is no ‘art’ since the bar girls ‘aren’t trained artistes’
Representation pic
Replying to the petition filed in the Supreme Court by the Indian Hotel and Restaurants Association (AHAR) against its proposed law on dance bars, the state government on Wednesday said there is no âart' in the dance performed at dance bars and since the bar girls âaren't trained artistes, their dance may become obscene.'
No merit
AHAR has filed the petition, challenging the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women Act 2016. The Act proposes stringent rules to operate dance bars, like three years of jail for the bar owner if a bargirl indulges in obscenity, no liquor, mandatory partition between hotel and dancing area, CCTV and restriction for dance performances till 11.30 pm. Citing a report of PRAYAS (a field action project of the Tata Institute of Social Sciences) in 2005, the state government said the study also pointed out that there was presence of the element of human trafficking in the entire process and the environment of the dance bars had a negative impact on the physical and mental health of the minor girls. It said there was no merit in the petition filed by AHAR and it should be dismissed.
Vulgar dancing
The state government's counsel Shekhar Naphade argued that bar dancing is vulgar and not an art form that needs to be protected and promoted. The state also argued in its affidavit submitted in the apex court supporting its stand for the new law most of the times dance bars indulge in sex rackets or act as pick-up-points, perpetuating the exploitation of women. It further claimed that the women who perform are not trained artistes and their dancing has little value and mostly obscene.
The state also supported its stand of only allowing people above 21 years of age in bars. It claimed that CCTV's were compulsory in such areas as criminal elements are mostly seen sitting in dance bars and enjoying themselves.
License fee hiked
Arguing in the apex court before a bench of justices Deepak Mishra and R Banumathi, AHAR counsel Satyajit Saha pointed out that the government had also increased the license fee from R2,000 to R2 lakh for a dance bar license. Justice Mishra then asked the state government to decide on the 69 applications that the state government had received from new dance bars to operate in the state in four weeks time. The bench posted the matter after six weeks for further hearing.
Licensed, but not dancing
The state has given licenses to three dance bars: Aero Punjab and Sai Prasad at Andheri and Indiana Bar at Tardeo, after the Supreme Court's rap but none of them are presently operating fearing the government's ire.
With inputs from Agencies