19/05/2022
Hon'ble Supreme Court In a significant judgment disapproving gender-based stereotypes, the Supreme Court held that the condition imposing a gender cap as to the number of women or men, who can perform in orchestras and bands, in licenced bars, is unconstitutional.
While the overall limit of performers in any given performance cannot exceed eight, the composition (i.e., all female, majority female or male, or vice versa) can be of any combination, the Court clarified, while allowing the appeal filed by a hotel challenging the restrictions imposed by Mumbai Police (Hotel Priya, A Proprietorship v State of Maharashtra and others).
The Court observed that the restriction capping the number of women performers emanated from gender-based stereotypes:
Hotel Priya A Proprietorship Vs State Of Maharashtra