It was thus, the Bench’s conclusion that the restriction directly transgressed Article 15 (1) and Article 19 (1) (g), the latter provision both in its effect to the performers as well as the license owners.
Hence, the Court allowed the appeal and set aside the judgment of the Bombay High Court.
“It is hereby declared that the condition imposing a gender cap as to the number of women or men, who can perform in orchestras and bands, in bars licensed under the Rules, 1960 and other allied provisions, is void. 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 ordered.
Source: Barandbench
