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Supreme Court of India 2019-01-17 partly_allowed

Indian Hotel and Restaurant Association (Ahar) & Anr vs State of Maharashtra & Ors

Bench: 2 — A.K. Sikri

In Brief

The Supreme Court struck down several provisions of Maharashtra's 2016 law regulating dance performances in bars and restaurants. While upholding the restriction on genuinely obscene dances and licensing requirements, the Court found that certain licence conditions—the 1 km distance from schools/temples, mandatory monthly salary employment, prohibition on alcohol service, and CCTV surveillance—were unreasonable and violated fundamental rights. The Court also struck down Section 6(4) barring discotheques from dance venues, holding it arbitrary. The judgment emphasised that though the Act claims regulatory intent, its conditions make licensing virtually impossible, achieving a de facto prohibition that violates Articles 14, 19(1)(a), 19(1)(g), and 21.

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Fundamental Rights Constitutional Law Freedom of Expression Freedom of Profession Licensing and Regulation Gender and Women's Rights Right to Privacy Dance and Performance Public Morality Legislative Intent

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