Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1960 Licensing and Performance for Public Amusement including Cabaret Performance Melas and Tamashas Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Licensing and Performance for Public Amusement including Cabaret Performance, Melas and Tamashas Rules, 1960 – rr. 108, 109, 120, 122 and 123 – Constitution of India – Article 15(1), 19(1)(g) – Impugned conditions inter alia imposed a gender cap as to the number of women or men, who can perform in orchestras and bands in licensed bars – Challenge to – Conditions upheld by High Court – On appeal, held: Impugned gender cap is the product of stereotypical view that women who perform in bars and establishments, like the appellants, belong to a certain class of society – Such measures that claim to protect the women, in reality are destructive of Art. 15(3) – This restriction directly transgresses Art. 15(1) and Art. 19(1)(g)- the latter provision both in its effect to the performers as well as the license owners – Condition imposing a gender cap as to the number of women or men, who can perform in orchestras and bands, in bars licensed under the 1960 Rules and other allied provisions, is void – However, the regulation on the overall number of performers, or even the dimensions of a stage (on which a performance can take place) cannot be characterized as a restriction; they can fall within the legitimate domain of the authority of the commissioner or the government which formulates such conditions – Thus, while the overall limit of performers in any given performance cannot exceed eight, the composition (i.e., all female, majority female or male, or vice versa) can be of any combination – Impugned judgement set aside – Maharashtra Police Act, 1951 – ss. 2(9), 2(10), 33(1), 33(2), 162(1) & 162(2). |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2022 INSC 206 |
Petitioner | Hotel Priya, A Proprietorship |
Respondent | State Of Maharashtra & Ors. |
SCR | [2022] 16 S.C.R. 322 |
Judgement Date | 2022-02-18 |
Case Number | 1459 |
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