In Brief
The Supreme Court partly allowed writ petitions challenging the Maharashtra Prohibition of Obscene Dance Act, 2016 and its rules. While upholding restrictions on obscene dance performances, the Court struck down provisions it found unconstitutional and arbitrary. The Court held that dance is a protected form of expression and legitimate profession, and the State cannot impose blanket prohibitions without empirical evidence. The Court quashed provisions including those requiring impossible conditions (1 km distance from institutions in Mumbai), mandating only monthly salaries, prohibiting alcohol service, requiring invasive CCTV surveillance, and preventing simultaneous discotheque/orchestra licenses. The Court allowed conditions protecting women's dignity like written contracts and bank account deposits. The decision rejected moralistic restrictions unsupported by evidence and emphasized that existing regulatory frameworks sufficiently address legitimate concerns."
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