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Supreme Court of India 2022-02-18 allowed

HOTEL PRIYA, A PROPRIETORSHIP vs STATE OF MAHARASHTRA & ORS

Bench: 2 — K.M. Joseph, S. Ravindra Bhat

In Brief

The Supreme Court struck down gender-based restrictions imposed by the Mumbai Police Commissioner on orchestra performances in bars. The challenged conditions limited establishments to four female and four male performers each. The Court held these restrictions violated constitutional guarantees of equality (Article 14) and freedom of profession (Article 19(1)(g)). The restrictions were based on stereotypical and paternalistic assumptions about women's morality and work. While reasonable regulatory measures like overall numerical limits (8 performers) and stage dimensions remain valid, gender-based caps are unconstitutional. The judgment aligned with prior decisions rejecting morality-based bans on dance performances and affirmed that protective measures cannot operate to exclude women's occupational choice.

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Gender Discrimination Constitutional Law Women's Rights Licensing and Regulation Freedom of Profession Equality Public Amusement Entertainment Venues Fundamental Rights

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