Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prohibition on bar dancing Doctrine of reading down Doctrine of severability |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | BOMBAY POLICE ACT, 1951: ss. 33A and 33B - Prohibition on bar dancing in State of Maharashtra - s.33-A prohibiting to hold performance of dance of any kind or type in any eating house, permit room or bear bar, but exempting the establishments covered u/s 33-B from any such restriction - Held: A distinction, the foundation of which is the classes of establishments and the classes/kind of persons, who frequent the establishments and those who own the establishments, cannot be supported under the Constitutional philosophy - The classification of establishments covered u/ss 33A and 33B would not satisfy the test of equality - The distinction is made on the grounds of "classes of establishments" or "classes of persons, who frequent the establishments" and not on the form of dance - ss. 33A and 33B introduce an invidious discrimination which cannot be justified under Art. 14 of the Constitution - Yet at F the same time, both kinds of establishments are to be granted licenses and regulated by the same restrictions, regulations and standing provisions - It would be more appropriate that the State Government re-examines the recommendations made by the Committee and the suggestions made in para of the judgment to bring about measures which should ensure the safety and improve the working conditions of the persons working as bar girls - Constitution of India, 1950 - Arts. 14, 19(i)(a), 19(1){g) and 21. CONSTITUTION OF INDIA, 1950: Art. 19(1)(g) read with Art. 14 - Prohibition on dance - s.33-A of Bombay Police Act prohibiting dance of any kind of type in any eating house, permit room or bear bar - Held: A State has failed to establish that the restriction is reasonable or that it is in the interest of general public- Insertion of s.33- A in the Bombay Police Act has led to closure of a large number of establishments and unemployment of over seventy five thousand woman workers - The impugned legislation has proved to be totally counterproductive and being ultra vires Art.19(1)(g), cannot be sustained- Bombay Police Act,1951 - ss. 33A- Convention on the Elimination of All Forms of Discrimination Against Women (CEADAW) - Doctrine of severability - Doctrine of reading down |
Judge | Hon'ble Mr. Justice S.S. Nijjar |
Neutral Citation | 2013 INSC 470 |
Petitioner | State Of Maharashtra & Anr. |
Respondent | Indian Hotel & Restaurants Assn. & Ors |
SCR | [2013] 7 S.C.R. 654 |
Judgement Date | 2013-07-16 |
Case Number | 2705 |
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