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Business News/ Politics / Policy/  Maharashtra ban on dance bars unconstitutional, rules apex court
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Maharashtra ban on dance bars unconstitutional, rules apex court

Court rules in favour of a stay on the ban on grounds that it violated right to equality before the law

The Supreme Court on Tuesday upheld the 2006 Bombay high court stay on the decision. Photo: Mint (Mint)Premium
The Supreme Court on Tuesday upheld the 2006 Bombay high court stay on the decision. Photo: Mint
(Mint)

Mumbai: The dancing bar girls of Mumbai may be back in business. It’s been eight years since the Maharashtra government decided to ban the 1,250-odd dance bars across the city and its satellite towns of Thane, Navi Mumbai and Panvel, where girls would perform Bollywood item numbers for enthusiastic patrons armed with wads of cash.

On Tuesday, the Supreme Court declared that the state government’s decision almost eight years ago had been unconstitutional. The apex court was upholding a decision by the Bombay high court, which, in 2006, found the ban was against the spirit of Article 14 of the Indian Constitution, which deals with the principle of equality before law.

While good news for the punters, and economically beneficial for the government according to some bar owners, the reopening of the dance bars has prompted criticism from opposition parties who called the decision “unfortunate" and directed their disapproval at home minister R.R. Patil, who played a major role in introducing the ban, and the state government.

State Bharatiya Janata Party president Devendra Fadnavis said, “The apex court’s today’s decision clearly shows the state government did not do its homework properly while fighting the case in the Supreme Court. It also shows it doesn’t have a will to implement the decision of the assembly which passed the law banning dance bars unanimously."

In a statement in the state assembly, which is currently in session, Patil defended his position. “The state government will form a panel consisting of legislators, legal experts and senior bureaucrats to study the Supreme Court’s decisions and make recommendations to the government on the future course of action," he said.

Some are worried that the dance bars will again become hubs for illegal activities such as cricket betting, drug dealing, prostitution and bribe-seeking by the lower ranks of the police.

Former Indian Police Service (IPS) officer Y.P. Singh said, “These dance bars were proving to be a gold mine for all those officers and constables who wanted to make a quick buck, and they had become centres of all kinds of nefarious activities. And many times, in the name of dance performances, underage girls were forced to enter the flesh trade."

A serving senior officer, who did not want to be identified, added, “The only upside of dance bars was that they used to serve as the meeting place of criminals, making intelligence collection somewhat easier."

Varsha Kale, president of the Bharatiya Bar Bala (girls) Association and a social activist, rejected the contention that the bars became centres for prostitution.

“We are happy that at least after eight years we’ve got justice," Kale said in Delhi. “In between, moments came when we had lost all hope. But we are happy today."

While Kale accepted that some individual bar girls and bar owners might be involved in illegal or immoral activities, she said, “A huge majority of them were earning money by exhibiting their art and we will help the government in controlling such activities if it seeks our help."

The dance bars of Mumbai have had a long and colourful history.

One of the most sought-after bar dancers in the middle of the last decade was Tarannum, who worked at a dance bar called Deepa in Vile Parle. She was arrested in 2005 by the crime branch of the Mumbai police for allegedly becoming involved in a betting racket, but was subsequently released on bail after a few days. Since then, Tarannum has dropped off the map and little is known about her whereabouts.

Since the ban was imposed, many bars like the Karishma Dance bar in Dadar East have been converted into regular bars.

The owner of Karishma, Manjit Singh Sethi, said, “Before the ban was enforced, (dance bars) employed some 75,000 bar girls and support staff such as make-up artists, drivers of vans who used to drop these girls after their late-night shifts."

Another 75,000 people had jobs related to the trade, said Sethi, who is also the president of the Fight for Dance Bar Owners Rights Association.

“After the ban was imposed, most of the owners converted their joints into regular bars and restaurants but it was these girls and people engaged in associated trades who lost jobs," he added.

That may change now, but it’s not going to be straightforward for those who want to reopen their erstwhile businesses, he said.

“Though I welcome the decision, I want to be cautious as all the owners will once again have to make application for getting licence to run dance bars and government can take its own sweet time to grant or deny licence on some flimsy ground," he said.

Another dance bar owner in a western suburb of the city, who did not want to be identified, said, “When dance bars were in operation, they used to give the state government a revenue of more than 50 lakh per month by way of entertainment tax. This doesn’t include the excise on liquor and VAT (value added tax) on food among others."

He estimated that the sharing of tips in dance bars used to take place between bar girls and management on a 70:30 basis, with the management providing transport, security, food and other amenities.

As for the girls, they tended to be out-of-towners, said the bar owner, from the nomadic tribes of northern India, especially around the Agra region, from the Bhedia, Bhatu, Dhanawat, Gandharva, Chhari Rajnat and Nat communities.

“The girls from these communities are barely educated and from the age of five onwards, they are just trained to be dancers," he said. “In northern India, they perform during marriages and other festival occasions at the homes of rich patrons." The Mumbai dance bars opened up a new avenue for them, according to the bar owner.

Not everyone has viewed their opportunities so positively. The 2001 movie Chandni Bar directed by Madhur Bhandarkar depicted a grim picture of life for the bar girls who become victims of the underworld, police and bar owners.

Then there are tales like the one about the fake stamp-paper mastermind Abdul Karim Telgi splurging 80 lakh on a bar girl called Masum in one night. Stories like these have brought an aura of glamour to the life of bar girls, which, in turn, lures many small town girls from broken families and with little education into this trade, said a senior police officer who did not want to be identified.

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Published: 16 Jul 2013, 12:40 PM IST
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