The Government of Maharashtra had placed a restriction limiting the amount of female and male performers in orchestra bars to four each, but The Supreme Court (SC) overturned it.
Highlights:
The SC said the limit of performers shouldn’t exceed the amount of 8, but there shouldn’t be any restriction on gender composition.
The bench that passed the order consists of S. Ravindra Bhat and Justice K.M. Joseph.
The SC said that this gender cap breaks the performers’ Fundamental Rights also as those of the license owners under Article 19 (1) (g) and Article 15 (1) of the Indian Constitution.
Orchestra performances are a standard feature that a license has to be procured, namely the Premises and Performance licenses under the Maharashtra Police Act, 1951’s Licensing and Performance for Public Amusement, including Melas Cabaret Performance, and Tamashas Rule, 1960.
Conditions Challenged
The Commissioner of Police, Brihan Mumbai, added several conditions to the prevailing ones.
On the opposite hand, the appellant challenged two significant conditions that contributed to the gender difference.
Only four female singers/artists and 4 male singers/artists are permitted to stay on the permitted stage by the licensee.
Only eight musicians are allowed to stay on the stage at any given time (four male and 4 Women).
The supreme court had dismissed the appeal to the Commissioner of Police’s conditions, ruling that the proper to impose them was obtained from the Maharashtra Police Act, 1951, and therefore the rules framed thereunder. Later, these conditions were overturned by the Supreme Court.