Maharashtra may issue fresh ordinance to keep dance bars shut

Maharashtra finance minister Sudhir Mungantiwar said the government was also considering a fresh provision that would make checking of identity cards of all people entering the bars mandatory.

The state government may issue a fresh ordinance to ensure dance bars remain shut across Maharashtra, after the Supreme Court partially struck down its legislation last week. Finance minister Sudhir Mungantiwar on Wednesday said the law department was studying the apex court order and the decision on whether a fresh ordinance is required will be taken in the next 10 days.

The Supreme Court order has struck down rules that virtually prohibited the running of dance bars. The court ruled that there could be ‘regulations’ but not ‘total prohibition’.(HT File)

“Our Act has not been struck down by the Supreme Court like the two amendments, by the earlier government, quashed in 2013 and 2014. We have room to make changes as per the SC order in our Act or in the rules to ensure that bars do not reopen,” Mungantiwar said. “We are not going against the SC order, but making changes in accordance to the order. The law and judiciary department is studying the order and the decision will be taken in next 10 days.”

The minister said the SC has left it to the government to decide the distance of any bar from religious and educational institution. “Even if we bring it down to 500 metres from existing condition of 1km (which has been struck down), it would not be possible for the operators to re-open the bars. Similarly, CCTVs can be installed outside bars, although our condition of cameras inside the premises and on dance floor has been struck down,” he said.

Mungantiwar said the government was also considering a fresh provision that would make checking of identity cards of all people entering the bars mandatory.

Officials from the law and judiciary department said the decision over the ordinance or the changes in the rules will be taken after studying the SC order. “The provision banning showering of money on dancers, which has not been struck down, is part of the Act. Whereas, the CCTV condition is there in the Act as well as part of 39 rules framed according to law. If we decide to go for only changes in rules, there will be no need to bring an ordinance as the Act has provision of changes in the rules,” said the official.