[h=1]SC: Dance bar owners have fundamental right to run biz[/h]
ew Delhi: The Supreme Court on Monday slammed the Maharashtra government for not granting licences to dance bar owners, and summoned Mumbai's deputy police commissioner for non-compliance of its order to grant permission by March 13.
A bench of Justices Dipak Misra and Shiva Kirti Singh said dance bar owners had a fundamental right to run their business and the state could not frustrate it by keeping their applications pending. The SC had, on March 2, directed the state to grant licences to dance bar owners within 10 days after they comply with the guidelines.
Appearing for the bar and Restaurant Owners' Association, senior advocate Jayant Bhushan said more than 100 owners were eligible to get licences but the government had permitted only four. Even their licences were taken back, he added.
Taking strong exception to the Maharashtra government's reluctance to comply with its order on dance bars, the Supreme Court directed the deputy police chief of Mumbai, in charge of granting licences, to personally appear before it on April 25 as it granted the state government a last opportunity to comply with its order. "We do not appreciate this. They have the fundamental right to carry on their business. The state government can put some reasonable restrictions but it cannot frustrate their rights. Why did you not follow our order? We granted you ten days' time, and the process should have been completed by now," the bench said.
Additional solicitor general Pinky Anand, appearing for the state, assured the bench that licences would be granted within a week. She contended that the Maharashtra assembly had recently passed a bill to regulate dance bars and the owners would have to follow the law. Agreeing with her contention, the bench said the government was within its power to make rules to regulate dance bars but it could not refuse to grant licences.
The new bill fixes accountability on the owner in case of violation of rules, exploitation of women employees or any obscenity. Owners face up to five years in jail and fine of up to Rs 25,000 for violations.
The court had, on the last date of the hearing, passed a slew of directions to protect bar girls performing on stage and also to keep a check on obscene performances. It had allowed installation of CCTV cameras at the entry point of dance bars as well as in the lobby and restaurant floor. It had also directed that a three-foot railing separate the performers from the audience. Further, the apex court had directed that the restaurant area and the dance bar area be separated by a non-transparent partition and asked hotel and bar owners to verify the criminal antecedents of persons before employing them in their establishments.
http://timesofindia.indiatimes.com/...bar-owners-have-fundamental-right-to-run-biz/
ew Delhi: The Supreme Court on Monday slammed the Maharashtra government for not granting licences to dance bar owners, and summoned Mumbai's deputy police commissioner for non-compliance of its order to grant permission by March 13.
A bench of Justices Dipak Misra and Shiva Kirti Singh said dance bar owners had a fundamental right to run their business and the state could not frustrate it by keeping their applications pending. The SC had, on March 2, directed the state to grant licences to dance bar owners within 10 days after they comply with the guidelines.
Appearing for the bar and Restaurant Owners' Association, senior advocate Jayant Bhushan said more than 100 owners were eligible to get licences but the government had permitted only four. Even their licences were taken back, he added.
Taking strong exception to the Maharashtra government's reluctance to comply with its order on dance bars, the Supreme Court directed the deputy police chief of Mumbai, in charge of granting licences, to personally appear before it on April 25 as it granted the state government a last opportunity to comply with its order. "We do not appreciate this. They have the fundamental right to carry on their business. The state government can put some reasonable restrictions but it cannot frustrate their rights. Why did you not follow our order? We granted you ten days' time, and the process should have been completed by now," the bench said.
Additional solicitor general Pinky Anand, appearing for the state, assured the bench that licences would be granted within a week. She contended that the Maharashtra assembly had recently passed a bill to regulate dance bars and the owners would have to follow the law. Agreeing with her contention, the bench said the government was within its power to make rules to regulate dance bars but it could not refuse to grant licences.
The new bill fixes accountability on the owner in case of violation of rules, exploitation of women employees or any obscenity. Owners face up to five years in jail and fine of up to Rs 25,000 for violations.
The court had, on the last date of the hearing, passed a slew of directions to protect bar girls performing on stage and also to keep a check on obscene performances. It had allowed installation of CCTV cameras at the entry point of dance bars as well as in the lobby and restaurant floor. It had also directed that a three-foot railing separate the performers from the audience. Further, the apex court had directed that the restaurant area and the dance bar area be separated by a non-transparent partition and asked hotel and bar owners to verify the criminal antecedents of persons before employing them in their establishments.
http://timesofindia.indiatimes.com/...bar-owners-have-fundamental-right-to-run-biz/
