INDIAN HOTEL AND RESTAURANT ASSOCIATION (AHAR) & ANR. versus THE STATE OF MAHARASHTRA & ORS.

Citation: [2019] 1 S.C.R. 371 · Decided: 17-01-2019 · Supreme Court of India · Bench: A.K. SIKRI, ASHOK BHUSHAN · Disposal: Case Partly allowed

Cited by 1 judgment(s) · cites 9 · see the full citation network in Lexace

Judgment (excerpt)

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371
INDIAN HOTEL AND RESTAURANT
ASSOCIATION (AHAR) & ANR.
v.
THE STATE OF MAHARASHTRA & ORS.
(Writ Petition (Civil) No. 576 of 2016)
JANUARY 17, 2019
[A. K. SIKRI AND ASHOK BHUSHAN, JJ.]
Maharashtra Prohibition of Obscene Dance in Hotels,
Restaurant and Bar Rooms and Protection of Dignity of Women
(Working therein) Act, 2016 – s.2(8)(i) – Constitutional validity of,
challenged on the ground that the expression ‘arouse the prurient
interest of the audience’ is vague, incapable of giving precise meaning
thereto – Held: Such plea not accepted for the reason that in
explaining as to what kind of books, pamphlets, papers, writings,
drawings, paintings, representations, figures or any other object
will be deemed as obscene, s.292 of the IPC itself uses this very
expression when it lays down that such books etc. shall be deemed
to be obscene if they are ‘lascivious or appeals to the prurient
interest...’ – In a way, therefore, s.2(8) incorporates the definition
of obscenity as laid down in the IPC which also makes obscene
books etc. (s.292 IPC) as well as obscene acts and songs (s.294
IPC) as punishable offences – Prurient interest in the context of
dance performance would be a performance which has or which
encourages an excessive interest in sexual matters – It cannot be
said that a dance which is aimed at arousing the prurient interest of
the audience is vague term, incapable of definite connotation – It
is, more so, when s.292 IPC particularly uses this expression in the
deeming provision relating to obscenity – – Maharashtra Prohibition
of Obscene Dance in Hotels, Restaurant and Bar Rooms and
Protection of Dignity of Women (Working therein) Rules, 2016 –
Penal Code, 1860 – s.294 – Constitution of India – Arts.14, 15,
19(1)(a) and 21.
Maharashtra Prohibition of Obscene Dance in Hotels,
Restaurant and Bar Rooms and Protection of Dignity of Women
(Working therein) Act, 2016 – s.6(4) – Forbidding grant of licence
[2019] 1 S.C.R. 371
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SUPREME COURT REPORTS
[2019] 1 S.C.R.
for discotheque or orchestra where licence under this Act is granted
– Whether s.6(4) is violative of equality clause enshrined in Art.19(1)
of the Constitution – Held: s.6(4) forbids grant of licence for
discotheque or orchestra where licence under this Act is granted –
Conversely it also forbids grant of licence under this Act for the
place for which a licence for discotheque or orchestra has been
granted – It means that in respect of a particular place, a licence
would be granted either for dance bars or for discotheque/orchestra
and not for both purposes – The impugned provision is totally
arbitrary and irrational and has no nexus with the so-called purpose
sought to be achieved – s.6(4) of the Act is struck as unconstitutional
– Constitution of India – Art.19(1).
Maharashtra Prohibition of Obscene Dance in Hotels,
Restaurant and Bar Rooms and Protection of Dignity of Women
(Working therein) Act, 2016 – s.8(2) – Whether punishment provided
under s.8(2) of the Act is discriminatory and offends Art.14 of the
Constitution – Held: Sub-section (2) has to be read along with sub-
section (1) of s.8 –  Under s.8(1), if the place is used in contravention
of s.3, it is made a punishable offence – It means that where a hotel,
restaurant, bar room or any place is used for staging dances without
obtaining a licence under s.3 of the Act, that is made a punishable
offence – However, even if licence is obtained, that would not mean
that place can be used for obscene dance performances or for
exploiting working women for any immoral purpose – It is these
acts which are made punishable under sub-section (2) – In this
manner, the offence under s.8(2) is somewhat different from the
offence that is stipulated in s.294 IPC – Challenge to the validity of
s.8(2) of the Act, therefore, failed – Constitution of India – Art.14.
Maharashtra Prohibition of Obscene Dance in Hotels,
Restaurant and Bar Rooms and Protection of Dignity of Women
(Working therein) Act, 2016 – s.8(4) – Whether s.8(4) of the Act is
arbitrary and violative of Art.14 – This provision is to be read with
condition Nos. 6, 7 and 8 of Part B – It banned throwing or
showering coins, currency notes or any article or anything which
can be monetized on the stage or handing over personally such
notes, to a dancer and treated it as an offence – Further stipulation
in these provisions is that any tip to be given should be added in the
bill only and is not to be given to the perfor

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