User asked:
Licensing and Performance for Public Amusement including Cabaret Performance, Melas and Tamashas Rule, 1960

IAM 23 YEAR OLD LADY. I AM AN ORCHESTRA SINGER. WHEN THE NOTIFIACTION CAME UNDER Licensing and Performance for Public Amusement including Cabaret Performance, Melas and Tamashas Rule, 1960 framed under the Maharashtra Police Act, 1951: (1) The licensee is permitted to keep only four women singers/artists and four male singers/artists to remain present on permitted stage, I was fired from the job. Is there any Supreme Court judgement which might have overruled the same?



Answers


PRARTHANA DUGGAL answered

The Hon’ble Apex court in HOTEL PRIYA A PROPERIETORSHIP V. STATE OF MAHARASHTRA(SLP (C) NO. 13764 OF 2012) has stated that as per (Constitution of India, 1950) Article 15 (1) and Article 19 (1) (g) , Gender cap as to the number of women or men, who can perform in orchestras and bands, in licensed bars is void. This restriction directly transgresses Article 15 (1) and Article 19 (1) (g). Gender-cap (i.e. four females and four males, in any performance) appears to be the product of a stereotypical view that women who perform in bars and establishments,, belong to a certain class of society. Such measures – which claim protection, in reality are destructive of Article 15 (3) as they masquerade as special provisions and operate to limit or exclude altogether women's choice of their avocation. The regulation on the overall number of performers, or even the dimensions of a stage 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.

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