Right to work vs. Moral of society

It is an intelligible to question to answer while deciding on a point of rights to work which apparently affects the moral values prevailing in the society. The Supreme Court while deciding the appeal in state of Maharashtra v. Indian hotel and restaurants gave an interpretation with regard to the rights connecting to morality. The quality of a conduct in the society depends on the right and good that is in practice. Certain acts are considered against custom and morale of our way of living and there is a negative approach towards it due to the effect of the same in culture. In this case the Bombay high court in 2006 raised the issue of banning the performance of dance in bar while interpreting the Bombay Police (Amendment) Act of 2005, section 33A prohibited ‘any type of dancing’ in an “eating house, permit room or beer bar”, section 33B allowed dance performances in three star and above hotels and other ‘elite’ establishment, which was held impermissible by the court.

The ban was implemented by the government in accordance with the legislature which affected the hotel owners and dancers and resulted in action taken by dancers association in a petition contesting their right under article 19 (g) and article 14 is violated. As the act restricted on their right to freedom of profession and their perfection is not treated equally to any other which again violates the basic fundamental right to equality (article 14).

Here the intention to ban such act was not restricting on any practice of profession but to maintain the dignity in civilization and to avoid the evil that is being occurred due to such practices prevailing. That bar dancing was vulgar and corrupt moral opening a gate way to prostitution under the law. This was countered by the association stating their performance as a legitimate activity and the similar one is performed in on screen hence the same should not be limited by law.

In the appeal to Supreme Court, the apex court held high the fundamental rights and approved the argument by the association. And on 16-7-2013 the division bench comprising Chief Justice Altamas Kabir and Justice Surinder Singh Nijjar agreed with the Bombay High Court that the band was constitutionally impermissible, with this verdict, the Maharashtra Government will have to go back to the licensing system, under which beer bars and other similar establishments operated in the State.

While analyzing the decision of the court a question that is unanswered is moral values have less effect on state?


About Fida Ummul

I am Ummul Fida completed BA.LL.B(5 year) from Kerala Law Academy Law College, Trivandrum. Presently undergoing law associate training at Biz And Legis, Ernakulam.
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