The state government will soon inform the Bombay High Court which is hearing a bunch of petitions filed by the Indian Hotel and Restaurant Association (AHAR) and some hotel and bar owners about the rules they plan to amend to curtail the working hours of female artistes and waitresses in bars. While the petitions filed by AHAR did not come up for hearing,the ones moved by the bar owners was heard on Monday before a division bench of Justice Ranjana Desai and Justice Rajesh Ketkar. Additional Public Prosecutor Poornima Kantharia told the court that the government is planning to amend the necessary rules under the Act. The court has kept the hearing on Thursday. The bar owners argue that the police are harassing them even though they have licenses to operate till 1.30 am. The petitions contend that policemen force female orchestra artistes and waitresses out of the restaurants at 9.30 pm. They say this is happening in spite of an undertaking filed by the police last year assuring that they would not take any action till rules are amended. According to the bars,they possess all licences under the Bombay Police Act,which include permission to run a place of public entertainment,serve foreign liquor and an annual renewable licence for an orchestra. They also had approval from the BMC under the Bombay Shops and Establishment Act. Petition also claims that sometimes the artistes are slapped with bogus charges under Section 110 of the Bombay Police Act (for misbehaving in public) and sometimes charged under Section 294 of IPC which is for obscene acts and songs. While responding to a bunch of petitions last year,Mumbai Police Deputy Commissioner of Police Vijaysing Jadhav had stated in his affidavit,As regards the provisions of the Rules for Licensing and Controlling Places of Public Amusement (other than cinemas) and Performance for Public Amusement including Melas and Tamashas,1960 are concerned,the Commissioner of Police is actively considering the amendment of the said rules thereby,imposing the condition similar to Rule 6 of Place of Public Entertainment Rules as one of the conditions of the license. The Commissioner of Police is also actively considering the imposition of any other suitable condition upon the license holder, the affidavit had said. The affidavit had further assured the court that till the amended rule comes into effect,the police officers shall not initiate any action against the holder of licenses granted under rules for Licensing and Controlling Places of Public Amusement for having committed violation of provisions of Bombay Shops and Establishments Act with regard to female artistes and not other women employees. So many petitions are being filed because of harassment from police,in spite of their undertaking last year, said advocate for AHAR Vishal Thadani.
