INDIAN HOTEL AND RESTAURANT ASSOCIATION (AHAR) GENERAL SECRETARY vs THE STATE OF MAHARASHTRA HOME DEPARTMENT SECRETARY HOME AFFAIRS

The Supreme Court examined the Maharashtra Prohibition of Obscene Dance in Hotels, Restaurant and Bar Rooms and Protection of Dignity of Women (Working therein) Act, 2016, and its associated Rules, determining that they infringe upon the Fundamental Rights guaranteed under Articles 14, 15, 19(1)(a), 19(1)(g), and 21 of the Constitution of India. The Court held that the provisions of the Act and Rules are unconstitutional as they unjustly restrict the rights of individuals to engage in lawful business and expression. Consequently, the Court struck down the offending provisions, affirming the need to protect both dignity and freedom of expression.