In Brief
Orchestra bars in Maharashtra required licenses with conditions imposed by the Police Commissioner, including that no more than four female and four male performers could perform. The appellants challenged this gender-cap as violating Articles 14 and 19(1)(g) of the Constitution. The High Court upheld the restrictions as protective of women's dignity and preventing exploitation. The Supreme Court held the gender-cap void as unconstitutional. While an overall limit of eight performers is reasonable and regulatory, the gender-based numerical restriction is rooted in prejudice and paternalism, and the state's protective arguments have been rejected in prior judgments. Performers' composition may now be any combination provided total does not exceed eight.
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