“It needs to be borne in mind, there may be certain activities which society perceives as immoral per se. It may include gambling (though that is also becoming a debatable issue now), prostitution et cetera. It is also to be noted, standards of morality in a society change with passage of time. A particular activity, which was treated as immoral few decades ago may not be so now. Societal norms keep changing. It cannot be denied, dance performances, in dignified forms, are socially acceptable and nobody takes exceptions to same. On other hand, obscenity is treated as immoral. Therefore, obscene dance performance may not be acceptable and State can pass a law prohibiting obscene dances. However, a practice which may not be immoral by societal standards cannot be thrusted upon society as immoral by State with its own notion of morality.”
– Hon’ble Justice A.K. Sikri, Indian Hotel and Restaurant Association v. State of Maharashtra, [Writ Petition (Civil) No. 576 of 2016].