INDIAN HOTEL AND RESTAURANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This batch of three Writ Petitions was heard together and is being disposed of by this Common Judgment as similar issues and prayers are raised in all these petitions.

(2.) The instant writ petitions have been preferred under Article 32 of the Constitution of India, challenging certain provisions of the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurant and Bar Rooms and Protection of Dignity of Women (Working therein. Act, 2016 (hereinafter referred to as the 'Act'. and also the Rules framed there under being the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurant and Bar Rooms and Protection of Dignity of Women (Working therein. Rules, 2016 (hereinafter referred to as the 'Rules'. which, as the Petitioners submit, violate the Fundamental Rights of the Petitioners guaranteed under Articles 14, 15, 19 (1.(a., 19 (1.(g. and 21 of the Constitution of India.

(3.) The petitioner No. 1 in Writ Petition (Civil) No. 576 of 2016 is an Association of various Hotel Owners and Bar Owners and/or Conductors of the same, who carry on business of running Restaurants and Bars in Mumbai and is duly registered under the Trade Unions Act . Petitioner No. 2 is the secretary of petitioner No. 1 and is a citizen of India, who runs a restaurant and bar. The petitioner in Writ Petition (Civil) No. 24 of 2017, R.R. Patil Foundation is a registered Union under the provisions of the Bombay Public Trust Act and the President thereof has been authorised to file the writ petition. The petitioner in Writ Petition (Civil) No. 119 of 2017 is the Bhartiya Bargirls Union, registered under the Trade Union Act , 1926 and represented through its Hony. President. The petition is filed in a representative capacity on behalf of a large number of women dancers, singers and waitresses.