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SC refuses to stay Maharashtra’s new law on dance bars

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New Delhi, Sep 21 (PTI) In an interim relief toMaharashtra, Supreme Court today refused to stay the operationof a new law meant to regulate the licensing and functioningof dance bars across the state, though it questioned some ofits provisions. The apex court, however, allowed three dance bars whichwere granted licences by the state administration to continueto function under the old rules and directions issued by itfrom time to time. A bench of Justices Dipak Misra and C Nagappan, duringthe brief hearing, questioned certain new provisions of theMaharashtra Prohibition of Obscene Dance in Hotels,Restaurants and Bar Rooms and Protection of Dignity ofWomen (Working therein) Act, 2016. "How can there be CCTV cameras in the performance areas?Is it not the infringment of right to privacy? We have noobjection to installation of CCTV cameras at the entrance ofdance bars," the bench said. Senior advocate Shekhar Naphade, appearing forMaharashtra, said the police cannot be stripped of itsinvestigating right by not allowing CCTVs in the performanceareas of dance bars. "These are security arrangements and CCTV footage is acrucial evidence. Tomorrow, if anything happens in the dancebars, this CCTV footage will help in investigation. To ensurethat regulations are complied with by the dance bars, we needthe CCTVs in performance areas," Naphade said. Senior advocate Jayant Bhushan appearing for Indian Hoteland Restaurant Association (IHRA) said the installation ofCCTV in performance areas would have a "chilling effect" andbreach the right to privacy as people would refrain fromcoming to the dance bars. The bench also prima facie agreed to the contention ofBhushan that the regulation that no liquor can be served inthe bar where dance is permitted was absurd and irrational. "This will be a situation like juice bars. They want noalcohol beverages to be served in a bar. What sort of dancebar it will be where no liquor is served? It will be likejuice bars where dance is separated from the bar," Bhushancontended. One of the other regulation which was strongly contestedby IHRA pertained to the mandatory condition that dancers areto be employed by the bar owners. PTI MNL SJK RKSARC

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