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SC relaxes norms: Is the jig against Maharashtra’s dance bars finally up?

Hindustan Times, Mumbai | BySurendra P Gangan and Naresh Kamath, Mumbai
Jan 18, 2019 12:25 PM IST

Although apex court paves way for reopening of bars, hoteliers unsure if they can go back to old times

Even after the Supreme Court (SC) partially struck down the 2016 law governing dance bars, the state government is confident about strict regulation of such bars. While hoteliers welcomed the order, they are also sceptical whether they will be able to run the bars like before.

On Thursday, the apex court, on pleas of hotel and restaurant owners , relaxed stringent conditions set by the state that made it virtually impossible to get licences for dance bars. The court ruled that it was okay to regulate the bars, but that the state could definitely not prohibit them.

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State home department officials said timing restrictions, fire-safety norms, agreements with women working in the bars and obscenity, which have not been struck down, would continue to make it difficult for bar owners to run their establishments.

“The time restriction is discouraging for dance bar operators as actual business in the bars begins after 11pm. Similarly, though the court has quashed our condition that bars should be at least 1km from educational and religious place, it has given the licencing authority the liberty to decide a reasonable distance. This means the state has power to decide on the licenses,’’ said a senior home department official.

Licencing authorities, including police, fire brigade, municipal corporations still have enough powers to ensure that the operation of bars is kept under control.

The apex court also refused to strike down fire-safety norms that are stricter for bars than restaurants. “The activities in dance bars make them more fire prone, so the safety norms are different. Fire exits are mandatory unlike in restaurants. This could prove to be difficult to comply with. After recent instances of fires in restaurants , authorities have been directed to not compromise on these norms,” an official said.

The ruling party also claimed that the judgement was a partial victory for the government as the act had not been struck down like amendments done by the earlier government on two occasions.

“The provisions on disallowing of showering of currency notes and the agreements of the bar management with women working there have been kept untouched. Many conditions in the act have been kept intact ,” said Nishant Katneshwarkar, state’s counsel in the SC

Meanwhile, many hoteliers and former dance bar owners feel that the state government would create hurdles and delay the whole process of granting licences despite the apex court order. In an election year, they said the ruling party will not be want to seen as one that facilitated the opening of dance bars. The Opposition has already panned the government for not putting up a strong defence. “The state government has been consistently creating rules to discourage the trade. Even now, they will create hurdles especially when two major elections are scheduled this year,” said a hotelier.

He said this government had also come up with unreasonable rules like installing CCTVs to monitor dance performances, no licences for dance bars within 1km of educational institutions and religious places. Another owner remarked that despite 150 hotels applying for performance licences, just six were allowed, of which three paid the amount and were given licences. “Most applications were rejected on flimsy grounds,” said the owner.

The Indian Hotels and Restaurant Association (AHAR) said the onus was now on hoteliers. “It is up to hoteliers to study the judgment and apply for licences if they feel it is okay,” said Santosh Shetty, president, AHAR. The association said it will request the state to relax some rules especially pertaining to timing.

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