VidhiSangh

Supreme Court of India · 18/02/2022

HOTEL PRIYA, A PROPRIETORSHIP versus STATE OF MAHARASHTRA & ORS.

[2022] 16 S.C.R. 322 · 2022 INSC 206

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Summary

Orchestra-bar licence conditions limited stage performers to four women and four men. The Court held that this gender cap rested on stereotypes and unjustifiably restricted performers’ and licence-holders’ occupational freedom. Protective provisions for women could not support measures that curtailed their choices on paternalistic assumptions. The gender restriction was declared void, while the overall ceiling of eight performers remained. The Court left open whether the impugned condition itself qualified as law.

Issues

  1. Whether the fixed male-female composition was constitutionally permissible.
  2. Whether women’s protection and public morality justified the gender cap.
  3. Whether the overall numerical limit also had to be invalidated.
  4. Whether the Court needed to decide if the licence condition constituted law.

Provisions considered

Held

Result

Appeals allowed without costs. Gender composition cap declared void; overall limit of eight performers retained, with any gender combination permitted within that ceiling.

Judgment PDF: Supreme Court of India, [2022] 16 S.C.R. 322.