Maharashtra argued that a State has ‘an absolute right’ to ban liquor at any place of its choice. | Photo Credit: PTI

NEW DELHI:

29 September 2016 11:42 IST

Law shows Maharashtra’s mentality, which is ‘absolutely regressive by centuries’

The Supreme Court on Wednesday said a new Maharashtra law prohibiting liquor in dance bars was “absurd”, “absolutely arbitrary” and indicative of the State’s mentality, which was “absolutely regressive by centuries”.

However, the Maharashtra government refused to back down, arguing that a State has “an absolute right” to ban liquor at any spot of its choice within the State.

“Serving and drinking liquor is not a fundamental right. I have an absolute right to say liquor cannot be served unless you [the Supreme Court] take away my right through a judgment,” Maharshtra counsel and senior advocate Shekhar Naphade rebutted.

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A bench led by Justice Dipak Misra then asked what was the point of giving bar licences and allowing dance performances if there was no service of liquor. The court, however, did not stay the Maharashtra law, but decided to hear the case in detail on November 24.

‘Juice dance bars’

Dance bar owners, represented by senior advocate Jayant Bhushan, said the State government wanted “juice dance bars” instead of real ones.

“Dancers are allowed to dance in dance bars, you [the State] take steps to protect their dignity. But a ban on serving liquor will affect their rights. You can ban liquor in a hotel, but dance bars should be barred from such bans,” Justice Misra told Mr. Naphade.

“The power of the State to prohibit liquor is absolute. I have powers not only to regulate but also prohibit,” Mr. Naphade submitted.

When the court took exception to the State law mandating the installation of CCTV cameras in dance areas, Mr. Naphade said: “If something goes wrong there... the CCTV image will be used for investigation by the police. If you deny me this right, you are denying me the police powers of the State.”

Mr. Bhushan said CCTVs would have a “chilling effect” on patrons. Cameras would be a violation of their privacy, he said.

“A room is a private domain. A dance bar, like lobbies, staircases and hotel lounges, is a public space,” Mr. Naphade countered.

The new law, titled Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (working therein) Act, 2016, was passed by the State Assembly to circumvent a Supreme Court judgment of 2014 that ordered dance bars to be thrown open again and classified dance as a profession. The Court further allowed three dance bars to continue operations as per the law existing before the new one.