Orchestra Bars are required to secure premises and performance licenses. Court is no stranger to controversies relating to prohibition and restriction in participation of women from performances in establishments in Maharashtra: State of Maharashtra v. Indian Hotel and Restaurant Association, (2013) 8 SCC 519 – Indian Hotel and Restaurant Association v. State of Maharashtra, (2015) 16 SCC 100 – Indian Hotel and Restaurant Association v. State of Maharashtra, (2019) 3 SCC 429.
Impugned gender-cap appears to be product of a stereotypical view, women who perform, belong to a certain class of society. Such attitudes have no place in our society. Such measures – which claim protection – in reality are destructive of Article 15(3) as they masquerade as special provisions and operate to limit or exclude altogether women’s choice of their avocation. Court holds, gender-cap imposed is void.
– Hon’ble Justice S. Ravindra Bhat, Hotel Priya v. State of Maharashtra, [Special Leave Petition (Civil) No. 13764 of 2012].