In Brief
This case concerned the constitutionality of Maharashtra's 2016 Act prohibiting obscene dance in hotels and bars. The Supreme Court partly upheld the legislation but struck down several provisions as arbitrary and violative of fundamental rights. The Court held that while regulating obscenity is legitimate, legislators must base restrictions on empirical data, not unsupported moral presumptions. Specific provisions were invalidated: the discotheque exclusion clause lacked rational basis; making tips to dancers an offence was arbitrary; mandatory monthly salary employment restrictions violated freedom of profession; prohibition on alcohol service was disproportionate; 1-kilometer distances from institutions were impossible to meet; and CCTV surveillance in performance areas violated privacy rights. The Court distinguished this regulatory regime from an earlier absolute ban, but found many conditions rendered the Act functionally prohibitory in violation of Articles 14, 19, and 21 of the Constitution.",
The lawyer headnote and full judgment text are available to registered users.