The Hindu : Tamil Nadu / Chennai News : "Denying licences to Puducherry dance bars arbitrary and illegal"

Online edition of India's National Newspaper
Friday, Oct 13, 2006
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Tamil Nadu

Tamil Nadu - Chennai

"Denying licences to Puducherry dance bars arbitrary and illegal"

Special Correspondent

"Action can be taken if licence is misused"

CHENNAI: A single judge order, directing the Puducherry Government to consider the renewal of licence for dance bars in the Union Territory, was upheld by a Division Bench of the Madras High Court on Thursday.

In September 2005, the Government had prohibited the grant of licences for performing Indian classical dances, western dances and floor dances at hotels. It also asked municipal authorities not to issue any fresh licence for such performances.

Assailing the order, the writ petitioners said that such a restriction went against the freedom and fundamental right of practising any profession, as guaranteed by the Constitution. By way of an executive order, the Government could only regulate the performance and not prohibit it.

The Government justified the order stating that it was meant to prevent immoral and indecent dance shows on public premises. Citing a report by the Senior Superintendent of Police, it said some commercial establishments were staging obscene dance performances.

In his order in February 2006, Justice V. Dhanapalan had quashed only the prohibition portion of the Government order. The Puducherry Government and the Municipality preferred an appeal against the order.

Upholding the ruling, a Division Bench comprising Justice P. Sathasivam and Justice S. Manikumar said total prohibition by way of a policy decision was "arbitrary and illegal." It said: "It is made clear that obscenity and indecency being indulged in such performance cannot be tolerated and the same have to be eliminated with an iron hand. However, merely because one or two stray instances are taking place, there cannot be a blanket restriction for grant of licence for performance of Indian classical and allied dances."

In the absence of necessary amendment to the legislation concerned, the power given to the competent authorities cannot be taken away by issuance of executive orders, the Judges said. "If, during the course of inspection, the authorities find the licence being misused they are free to take stringent action against all persons concerned," they said.

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