On July 21, 2005, the Bill to ban the dance bars in was Hypocritical Morality passed unanimously at the end of a ‘marathon debate’. It was a sad day ’s Ban on Bar Dancers for some of us paltry group of women activists, who had supported the bar  Flavia Agnes dancers and opposed the ban. We were far outnumbered by the pro-ban group, the ‘Dance Bar Virodhi Manch’ had committed suicide because she declared, ‘We are not Taliban, but who had submitted 150,000 signatures did not get a job. He said it was more somewhere we have to put a stop. The to the Maharashtra state assembly dignified to commit suicide than moral policing we do, it is a good thing, insisting on the closure of dance bars. dance in bars. And the House but it is not enough … we need to do The ban comes into effect from applauded! The message for women even more of this moral policing.’ August 15. is clear: If you happen to be born in a Suddenly the term ‘moral policing’ had We were sad, not because we were poor family, you are better off dead! been turned into a hallowed phrase! outnumbered, not even because the Yet another congratulated the Deputy These comments were not from the ruling party members who had Bill was passed unanimously, but Home Minister for taking this bold and revolutionary step, but this was not tabled the Bill. They were from the because of the manner in which an enough. He urged that “hotels with Opposition. Their traditional role is to important issue relating to women was three stars… five stars, disco dancing criticize a bill, to puncture holes in it, discussed, the comments that were …belly dancing … all that is vulgar… to present a counter viewpoint. But passed on the floor of the House, by every thing should be banned, except on that day, the House was united our elected representatives, who are Bharatnatyam and Kathak.” across party lines and all were playing under the constitutional mandate to Legislators opined that – western, to the gallery with their moral one- protect the dignity of women! English and Tamil films are all upmanship. Even the Shiv Sena Subsequently, we have heard obscene. But they did not say a word whose party high command is linked rumours that some of these comments about Hindi and Marathi films to a couple of dance bars in the city, have been withdrawn and will not be presumably because these belong to supported the ban. And the Marxists reflected in the reported proceedings. “amchi Mumbai”. were at one with the Shiv Sainiks. The But this cannot obviate the fact that Then another esteemed member speech by the CPI(M) member was this is the way our elected representatives think about women. One of the comments was aimed at us. ‘These women who are opposing the ban, we will make their mothers dance….’ (The comments have to be translated into Marathi to gauge its impact.) During the campaign we had been asked, ‘Will you send your daughter to dance in a bar?’ But on the floor of the House, the situation had regressed, from our daughters to our mothers! They sniggered: “Isha Koppikar… she is an atom bomb, atom bomb…” This evoked great deal of laughter and cheer… “The dancers wear only 20 per cent clothes”… More laughter and cheering… “These women who dance naked (nanga nach), they don’t deserve any sympathy”. A round of applause. “We are only imitating those you admire!” bar dancers protest holding a An esteemed member narrated an placard of film star Aishwarya Rai in a dance sequence. incident of his friend’s daughter who

10 MANUSHI more scathing than the rest. The The prevalence of dance bars is sexy ‘item numbers’ and the dancers women members, though a small linked not only to the restaurant in the bars imitated these item numbers minority, happily cheered the barrage industry and the entertainment during their performances. against bar dancers. business, but also to the state policy The Government also issued The ‘morality’ issue had won. The on the sale of liquor. After licenses for performance of ‘cabaret ‘livelihood’ issue had lost. Independence, during the fifties, when shows’. A place that was notorious How the state will effect this ban, Morarji Desai was Chief Minister, the for its lewd and obscene cabaret when through its own admission out State of Bombay was under performances is ‘Blue Nile’ which was of around 1300 dance bars only 307 prohibition and restaurants could not constantly raided and was entangled are legal and authorized, is something serve liquor. But after Maharashtra in lengthy litigation. It was this we will have to wait and watch. severed its links with the Gujarat side litigation that forced the High Court Liquor and Entertainment of the erstwhile , to examine the notion of obscenity The bar dancer is a part of the the newly formed state reviewed its under S.294 of the Indian Penal Code city’s thriving nightlife. Bombay never liquor policy and the prohibition era (IPC), an issue I will deal with more sleeps. The city is hailed as the was transformed into the ‘permit’ era. elaborately later in this essay. crowning glory of the nation’s A place where beer was served was Soon the sale of liquor and entertainment industry. From the time called a ‘permit room’. Only a person consequently the profit margins of when the East Company who had obtained a ‘permit’ could sit the owners recorded an upward trend. developed Mumbai as a port and built in a permit room and drink beer. This encouraged the owners of other a fort in the seventeenth century, But gradually, the term ‘permit Irani ‘permit room’ restaurants, South Bombay has been a city of migrants. room’ lost its meaning and the Indian eateries and Punjabi dhabas Migrants come to the city in search government went all out to promote to convert their places into dance of livelihoods and with the workers liquor sale in hotels and restaurants. It bars. Coincidentally, during the same have come the entertainers. was during this period, sometime in the period, the culture in Mumbai The traders, the sailors, the seventies, that permit rooms and beer was facing loss of patronage and was dockworkers, the construction bars started introducing innovative on the decline. As the waitresses in labourers and the mill hands - all devices to beat their competitors — the ‘ladies service bars’ during this needed to be ‘entertained’. So the live orchestra, mimicry and ‘ladies early period were from , government marked areas for service bars’ where women from the which also housed the , this entertainment called ‘play houses’ red light district were employed as new demand for bar dancers reached which are referred to in the local waitresses. these traditional dancers and many parlance even today as ‘pilay house’ The licenses to hold performances sought jobs in dance bars. Even for areas. Folk theatre, dance and music were issued under Rules for Licensing daughters of sex workers, this was a performances and, later, silent movie and Controlling Places of Public step forward — from brothel theatres all grew around the ‘play Amusement (other than Cinemas) and to dance bars. houses’ and so did the sex trade. Performances for Public Amusement Soon the phenomenon of ‘dance Hence Kamathipura - a name which including Melas and Thamashas, bars’ spread from South Bombay to denoted the dwelling place of a 1960. But soon the low quality Central Bombay, to the Western and community of construction labourers, orchestra and gazal singing lost its Central suburbs, to the satellite cities the Kamtis of Andhra Pradesh, later sheen. Some bars then introduced live of New Bombay and Panvel, and from came to signal the sex trade or ‘red dance performances to recorded music there, along the arterial roads, to other light’ district of the old Bombay city. smaller cities and towns of Within the red light district there were or live orchestras. Around this time, Hindi films also started introducing Maharashtra. From a mere 24 dance also places for performance of bars in 1985-86, the number increased traditional and classical dance and tenfolds within a decade to around music, and the mujra houses. How will the state effect 210. The next decade 1995-2005 The city of migrants — this ban, when through witnessed yet another phenomenal predominantly male migrants — also its own admission out of increase. As per a rough estimate, needed cheap eating-places. To cater presently there are around 1300 dance to their needs initially there were Irani around 1300 dance bars bars in Maharashtra. restaurants, Chilia (Muslim) only 307 are legal and As the demand grew, women from restaurants and later South Indian authorized ? traditional dancing / performance (Udupi) joints and Punjabi dhabas. communities of different parts of

No.149 11 India, who were facing a decline in patronage of their age-old profession, flocked to Mumbai (and later to the smaller cities) to work in dance bars. These women from traditional communities have been victims of the conflicting forces of modernization. Women are the primary breadwinners in these communities. But after the Zamindari system introduced by the British was abolished, they lost their zamindar patrons and were reduced to penury. Even the few developmental schemes and welfare policies of the government bypassed many of these communities. From their villages, Faces covered to hide identity, bar dancers at a demostration, March 2005 many moved to cities, towns and along national highways in search occurred during the Shiv Sena-BJP maximum gain to the State of a livelihood. The dance bars rule in the nineties. Government was the 20 per cent sale provided women from these While the business of dance bars tax on liquor. As the liquor sales communities an opportunity to flourished in the State, the State increased, so did the profits of the adapt their strategies to suit the administration did not frame any rules bar owners and the revenue for the demands of the new economy. to regulate the performances until state. Apart from these traditional 2001. The bar owners functioned The official charge for police dancing communities, women from under regular licenses issued to protection was a mere Rs. 25 per night other poor communities also began restaurants and bars. They paid and the stipulated period for closing to seek work in these bars as Rs.55,000 per month for the various the bars was 12.30 am. But in this dancers. These women are mainly permits and licenses to the Hafta Raj most bars remained open daughters of mill workers. With the Muncipal Corporation. They also till the wee hours of morning. Only sole earner having lost his job after paid an annual excise fee of when the haftas (bribes) did not reach the closure of the textile mills, young Rs.80,000. In addition the bar the officials in time the bars would be girls with more supple bodies and owners also pay Rs.30, 000 per raided. The grounds for raiding the the sex appeal of their youth entered month to the Collector by way of bars were: the job market to support their “entertainment fee”. But the (a) the owner had violated the families. Similarly endowed women license terms by keeping the place who had worked as domestic maids, open beyond 12.30 am; Women from traditional (b) the dance bar cause or in other exploitative conditions as “annoyance” through obscene and piece-rate workers, or as door to door dancing / performance vulgar display under S.294 of the IPC; sales girls, as well as women workers communities... who were and who had been retrenched from facing a decline in (c) they caused a public nuisance factories and industrial units, also patronage of their age- under the Bombay Police Act. found work in dance bars. old profession, flocked After a raid licenses were State Revenues and Raids to Mumbai to work in sometimes either suspended or In short, the dance bars opened revoked. But the bar owners say that up a new avenue of employment to dance bars. Even for the government always came to their women from the marginalized daughters of sex rescue. They could approach the sections. It is the paucity of jobs in workers, this was a Home Department for cancellation of other sectors, and the boost given step forward — from the suspension orders issued by the by the Maharashtra government to police or for getting the revoked the active promotion of liquor sales brothel prostitution to licenses re-issued. All this for a fee! that led to the proliferation of dance dance bars. But something went wrong in late bars. The maximum proliferation 1998. Suddenly, when Gopinath

12 MANUSHI Munde of the BJP was the Deputy backfired, or perhaps the right palms Chief Minister (DCM), 19 bars were were not sufficiently greased. The raided in a single night. The State government decided to increase the Government also declared a hike of police protection charges from Rs.25 300 percent in the annual excise fee, to Rs.1500 per day per dance floor. lifting it from Rs. 80, 000 to 2,40,000. The angry bar owners held rallies and It was at this point that the bar approached the courts. Due to court owners decided to organize intervention, the hiked fees were themselves. Around 400 bar owners brought down to Rs.500 per night. responded to a call given by one Bar owners claim that the police Manjeet Singh Sethi; later they raids increased after a Nationalist formed an association called, ‘Fight Congress Party (NCP) security guard for the Rights of Bar Owners outside a bar beat up a worker in the Association’ which organised an late hours in the month of February, impressive rally on February 19, 1999. Manjit Singh Sethi 2004. Following this, 52 bars were In order to work out a compromise, raided in February, and 62 in March the Association approached the then Association started fresh 2004. The bar owners alleged that the Commissioner of Police ruling negotiations with the ruling Congress- raids are politically motivated and Congress Party, assured him of their NCP. They greased the palms of were connected to the forthcoming cooperation, and sought his high ranking politicians to allow them State Assembly elections. The ruling intervention to end the Hafta Raj. to officially stay open more hours, Congress Party denied these charges They claim that they had evolved an from 12.30 am to 3.30 a.m. so that there and accused the bar owners of internal monitoring mechanism to would be no need to pay regular indulging in trafficking of minors. The ensure that all bars abide by the haftas for this particular violation. bar owners approached the High stipulated time for closing down. But After much negotiation, on January Courts, and several FIRs filed by the the local police stations were most 3, 2001, the first ever regulation police were quashed. Again on July unhappy at their potential loss of regarding dance bars came through a 30, bars were raided. This time, the bribes. They tried to break the unity government notification. The bars bar owners filed a Writ Petition in the among the members of the were granted permission to keep their and sought Association. For example, when the places open till 1.30 a.m. But protection against constant police Bar Owners Association tried to take somewhere the negotiations harassment. They also organized a action against those of their members who violated the agreed upon rules, the police came to their rescue. The police benefited when bar owners violated the rules and consequently pay regular haftas. Over a period the regular haftas paid by each bar owner to the police increased and just before the recent ban, each bar owner was allegedly paying Rs.75,000 per month by way of bribes to the Deputy Police Commissioner (DCP) of their zone. Some of this money then trickles down the police ladder from the DCP to the lowest ranking constable in pre- determined proportions. Under Congress Rule The BJP-Sena alliance lost the 1999 Assembly elections and there Demonstration of bar dancers in Mumbai, March 2005 was a change of regime. The

No.149 13 huge rally at Azad Maidan on August involved, we were confused. Varsha the bar owners with the sole intention 20, 2004. An important feature of this explained to us that while for the bar of jacking up their profits? It is here rally was the emergence of the Bar owners it was a question of business that we lacked clarity. I had been part Girls’ Union on the political scenario. losses, for the bar girls it was an issue of the women’s movement that has Bar Girls Claim Attention of human dignity and right to protested against fashion parades and The mushrooming of an entire livelihood. When the bars are raided, beauty contests and semi-nude industry called the ‘dance bars’ had it is the girls who are arrested, but the depiction of women in Hindi films. But escaped the notice of the women’s owners are let off. During the raids my colleagues, Veena Gowda and movement in the city despite the fact the police molest them, tear their Shreemoyee Nandini - both young, that several groups and NGOs had clothes, and abuse them in filthy dynamic, women’s rights lawyers, been working on issues such as language. At times, the girls are belonged to a later generation which domestic violence, dowry harassment, retained in the police station for the had come to terms with fashion rape and sexual harassment. Everyone whole night and subjected to further parades, female sexuality and erotica. in Mumbai is aware that there are indignities. But in the litigation, their Differing Feminist Perceptions some exclusive ‘ladies bars’, but concerns were not reflected. It is Finally after much discussion, we usually women, especially those essential that they be heard and they decided to take on the challenge and unaccompanied by men, are stopped become part of the negotiations with represent the Bar Girls’ Union in the at the entrance. Occasionally, when a the State regarding the code of litigation. We invited some of the girls bar dancer was raped and/or conduct to be followed during the who had been molested to meet with murdered, women’s groups had raids. us. Around 35 to 40 girls turned up. participated in protest rallies As far as the abuse of power by We talked to them at length. I also organized by local community based the police was concerned, we were decided to visit some bars. Though I groups, more as an issue of violence clear. But what about the vulgar and was uncomfortable in an environment against women than as a specific obscene display of the female body of palpable sexual under-currents, I engagement with the day to day for the pleasure of drunken male felt that the difference between a bar customers, which was promoted by problems of bar dancers. and a brothel is significant. An The August 20 rally in which NGO, Prerana, which works on thousands of bar dancers had anti-trafficking issues, had filed participated received wide media an intervenor application, publicity. The newspapers alleging the contrary – that bars reported that there are about are in fact brothels and that they 75,000 bar girls. On the day of are dens of prostitution where the rally, a television channel had minors are trafficked. While the invited me to give my reaction to police had raided the bars on the the protest by bar dancers. I had ground of obscenity, the Prerana welcomed it as a positive step. intervention added a new twist to That was my first interaction with the litigation because they the issue of bar dancers. Soon submitted that regular police thereafter, Ms. Varsha Kale, the raids are essential for controlling President of the Bar Girls Union trafficking and for rescuing approached me and requested me minors. The fact that the police to represent them through an had not abided by the strict ‘Intervener Application’ in the guidelines in anti-trafficking laws Writ Petition filed by the bar and had molested the women did owners. Varsha is not a bar not seem to matter to them. dancer, she belonged to a Opposing a fellow women’s group in Dombvili (in organisation with which I had a the Central suburbs of Mumbai). long association was extremely Since the issue was new and uncomfortable. Prerana had been working with sex workers and had out of the purview of the regular Same dances, same dresses; started an innovative project of matrimonial litigation with which film stars celebrated, bar dancers despised. our organization, Majlis, is night crèches for children of sex

14 MANUSHI workers in Kamathipura way back in 1986-87. I had been involved with several para-legal workshops organized by Prerana for sex workers. During these workshops the main concerns for the sex workers were police harassment and arbitrary arrests. I viewed my intervention on behalf of bar girls as an extension of the work I had done with Prerana, but Prerana members felt otherwise. At times, after the court proceedings, we ended up being extremely confrontational and emotionally charged, with Prerana representatives accusing us of legitimizing trafficking by bar owners and us retaliating by accusing them of acting at the behest of the police. Bar girls with Sonia Gandhi Under Garb of Morality From September 2004 to March regarding the dance bar ban was a grudge against them. In his affidavit 2005, the case went through the usual making headlines, the Nagpur Bench filed before the High Court, the Joint delays. In March, when the case came of the Bombay High Court gave a Commissioner of Police, Nagpur up for arguments, the lawyer for the ruling on the issue of obscenity in stated as follows: “It is found that bar owners produced an affidavit by dance bars. While according to the certain girls were dancing on the floor the complainant, upon whose Home Minister the dances in bars are and were making indecent gestures. complaint the police had conducted obscene and have a morally The girls were mingling with the the raids. The same person had filed corrupting influence on society, the customers, touching their bodies, and the complaint against nine bars in one High Court held that dances in bars the customers were paying money to night. The police officials themselves do not come within the ambit of S.294 them.” admitted that he was a ‘professional’ of the IPC. On April 4, 2005, Justice A. H. Joshi pancha (police witness). The second The police had conducted raids presiding over the Nagpur Bench of person who had filed the complaint on a dance bar in Nagpur and initiated the Bombay High Court quashed the was a petty criminal. In the affidavit criminal proceedings against the criminal proceedings initiated by the produced by the bar owners, the owners as well as the dancers on Police on the ground that the case professional pancha stated that he grounds of obscenity and immorality. made out by the police does not was not present at any of the bars The bar owners had approached the attract the ingredients of Section 294 against whom he had filed the High Court for quashing the of the IPC. Section 294 is attracted complaints and the complaints were proceedings on the ground that the only when annoyance is caused to filed at the behest of the police. raids were conducted with a malafide another, due to obscene acts in a This rocked the boat for the police intention by two IPS officers who had public place. The Court held that the and invited the wrath of the judges affidavit filed by the Joint against them. They were asked to file When the bars are Commissioner of Police did not reveal an affidavit explaining this new that annoyance was caused to him development. This turned out to be raided, it is the girls who personally or to any other viewer due the last day of the court hearing. are arrested, but the to the alleged obscene dancing. Before the next date, the DCM R. R. owners are let off. This ruling followed several earlier Patil had already announced the ban. During the raids the decisions by the Bombay High Court, So in view of this, according to the police molest them, tear which had addressed the issue of police prosecutor, the case had obscenity in dance bars. One of the become infructuous. their clothes, and abuse earliest rulings on this issue is by Rather ironically, just around the them in filthy language. Justice Vaidhya in the State of time when the DCM’s announcement Maharashtra v Joyce Zee alias

No.149 15 Temiko in 1978 where the court examined whether cabaret shows constitute obscenity. The police had conducted raids in Blue Nile and had filed a case against a Chinese cabaret artist, Temiko, on grounds of obscenity. While dismissing the appeal filed by the State, the Bombay High Court held as follows: “An adult person, who pays and attends a cabaret show in a hotel runs the risk of being annoyed by the obscenity…” Interestingly, prior to the raid, the policemen had sat through the performance and enjoyed the same. Only when the show was complete did they venture to arrest the dancer. Varsha Kale addressing a workshop of lawyers. The Court posed a relevant question — when and how was annoyance Sonia Gandhi, the Congress President — Justice Dharmadhikari. Paid caused to the police, who had gone and sought her intervention. Other advertisements appeared in in to witness a cabaret performance? women’s groups joined in and issued newspapers and signature campaigns Regarding notions of morality and a statement opposing the ban. were held at railway stations. ‘Sweety obscenity, the judge commented: “A Opposition to Dance Bars and Savithri — who will you choose?’ cabaret performance may or may not An equal or even greater number goaded the leaflets distributed door to be obscene according to the time, of NGOs and social activists issued door, along with the morning place, circumstances and the age, statements supporting the ban. The newspaper. The term ‘Savithri’, tastes and attitude of the people child-right’s and anti-trafficking denoted the traditional pativrata, an before whom such a dance is groups led by Prerana issued a ideal for Indian womanhood, while performed.” congratulatory message to the DCM ‘Sweety’ denoted the woman of easy Ban on Dance Bars and claimed that they had won. Then virtue, the wrecker of middle class The DCM’s statement women members of the NCP came on homes. announcing the ban was followed by the street brandishing the banner of Interestingly, the Gandhians seem unprecedented media glare, and we depraved morality. The Socialists and to be only against the dancers and not found ourselves in the centre of the Gandhians joined them with against the bars that have proliferated. controversy as lawyers representing endorsements from stalwarts like Nor have they done much to oppose the Bar Girls’ Union. The controversy Mrinal Gore and Ahilya Rangnekar to the liquor policy of the State, which had all the right ingredients - titillating aid them. These statements had the had encouraged bar dancing. The anti- sexuality, a hint of the underworld, a blessings of a retired High Court judge trafficking groups who had been faintly visible crack in the ruling working in the red light districts had not succeeded in making a dent in child Congress-NCP alliance, and polarized The Gandhians seem to positions among social activists. trafficking in brothels that continue to The controversy was not of our be only against the thrive. But in this controversy, brothel own making but we could not retract dancers and not against prostitution and trafficking of minors now. We threw in our lot with that of the bars that have has been relegated to the sidelines. the Bar Girls’ Union. The bar girls proliferated. Nor have The sex worker is viewed with more petitioned to the Chief Minister, the they done much to compassion than the bar dancer, who National and State Women’s may or may not resort to sex work. Commissions, Commissions for ST, SC oppose the liquor policy Targeting the Vulnerable and Backward Castes, the Human of the State, which had The bar dancer is being made out Rights Commissions, and the encouraged bar dancing. to be the cause of all social evils and Governor, S.M Krishna. We even met depravity. Even the blame for the Telgi

16 MANUSHI scam is laid at her door; the news story Another controversy surfaced that Telgi spent 93 lakhs on a bar The sex worker is when the late Sunil Dutt, the popular dancer in one night is cited as an viewed with more and highly respected Congress MP example of their pernicious influence. compassion than the bar from Mumbai, as well as Govinda, the The criminal means through which dancer, who may or may newer entrant to politics and also a Telgi amassed wealth fades into not resort to Congress MP from North-West oblivion in the fury of the Mumbai, issued statements controversy. Is it her earning sex work. opposing the ban. Govinda himself capacity, the legitimacy awarded to hails from a performer community. her profession, and the higher status functioning as brothels, why were And Sunil Dutt had responded as a she enjoys in comparison to a sex the licenses issued to them not performer. Justice H. Suresh, a retired worker that invite the fury from the revoked? Bombay High Court judge and well- middle class Maharashtrian moralists? Physician Heal Thyself known defender of human rights also While the ban will affect the bar While the hue and cry about the opposed the ban. dancer from the ordinary dhabas run morality of dance bars was raging, All this has been heady news for by Punjabis and Sardars and the in Sangli district, the home the television channels and the South Indian eateries run by the constituency of the Deputy Chief tabloids. ‘Dance Bars to Sex Bars’ Shetty community, it will not affect the Minister (DCM), a dance blared a recent tabloid headline, higher classes of dancers who perform performance titled ‘Temptation’ by which splashed photographs in hotels which hold three or more Isha Kopikar, the hot selling ‘item allegedly taken from a hidden “stars”, or clubs and gymkhanas. Can girl’ of , was being camera. The report stated that the State impose arbitrary and varying organized to raise money for the desperate dancers without work are standards of vulgarity, indecency and Police Welfare Fund. The bar girls now resorting to oral sex in sleazy obscenity for different sections of flocked to Sangli to hold a protest bars in the outskirts of Mumbai to society or classes of people? If an march. This received even more earn money. Another report stated ‘’ of a Hindi film can be publicity than the performance by that the mujra places, which had screened in public theatres, then an Isha Kopikar who, due to the adverse earlier closed down, have received a imitation of the same cannot be publicity, was compelled to dress boost. The worst was the news story termed as ‘vulgar’. The bar dancers modestly and could not perform in of a young journalist who visited the imitate what they see in Indian films, her usual flamboyant style. The DCM, claiming to be a bar dancer, television serials, fashion shows and disappointed public felt it was more photographer in toe, with the advertisements. All these industries value for their money to see the intention of trapping him in a have used women’s bodies for protest of the bar girls than to compromising position. But the plot commercial gain. There is sexual witness a lack luster performance by boomeranged and the journalist and exploitation of women in these and the ‘item girl’. And the bar girls the photographer were arrested. many other industries. But no one has raised a pertinent question, whether Later the DCM issued a statement ever suggested that you close down different rules of morality apply to that the girl was a mere pawn used these industries because there is the police and the Home Minister. by the editor and the same thing sexual exploitation of women! happens to the bar dancers. One The ban will not affect the bars. Is it her earning wonders whether he will now ban The profit margins may go down for a capacity, the legitimacy women from working as journalists while, but soon other devices will be in newspapers because there is found to promote liquor sale. Bars awarded to her likelihood of exploitation! employ women as waitresses and the profession, and the So, all in all, during the last few proposed ban will not affect this higher status she enjoys months, the city is abuzz with never category. Waitresses mingle with the in comparison to a sex a dull moment. customers more than the dancers who worker that invite the A Peep into Reality are confined to the dance floor. If the Since most activists on both sides anti-trafficking laws have not been fury from the middle of the divide had never visited a bar, successful in preventing trafficking, class Maharashtrian to dispel some of the prevailing how will ban on bar dancing prevent moralists? myths, some women’s groups were trafficking? And if certain bars were keen to conduct a study. The

No.149 17 Women’s Studies Centre of the All the mothers chased a dream - to S.N.D.T. University, Mumbai, also got Contrary to the official send their children to English medium involved. Through the intervention of statement that more than schools. the Bar Girls’ Union, the bar owners 75 percent of the Though the sample size is small, were contacted and the dance bar dancers are the random survey served to refute doors were opened to the research the premise that bars are in fact team. Time was running out as the Bangladeshis and brothels where minors are trafficked. cabinet had cleared the Ordinance and constitute a security The average age of the women who had sent it to the Governor for risk, the sample study were interviewed was 21 - 25. But 55 approval. revealed that only 2 of percent of the women had entered The research team acted quickly the 153 girls who were the bars when they were minors, and interviewed 153 dancers from 15 interviewed were between the ages of 15-18. This is randomly selected bars across the not surprising as most girls from city. The bars had been selected outsiders – they were disadvantaged socio-economic keeping in view the cultural and Nepalis groups either enter the job market or socio-economic diversity of the city. are married off by this age. The The women were interviewed within beyond the primary level. They had dancers came to the bars through the bars, during their rest intervals. no training in any other skills. contacts with other women from their This methodology also provided an In 60 percent of the cases women community or friends who were opportunity to observe the working were the sole breadwinners of their working in bars. They were in the conditions and extent of sexual families. Their average monthly profession out of choice, though exploitation within the bars. income ranged from Rs.5000 to some admitted that they did not The Governor did not sign the Rs.35,000. None of them owned enjoy dancing. Ordinance on the expected date and property or even a dwelling house. The dancers stated that they had the time factor swung in favour of They lived in rented tenements. Out a greater security in the bars due to the anti-ban lobby. On June 13, 2005, of their earnings, they spent a the support network among the the Research Unit of S.N.D.T. and sizeable amount on costumes, make- dancers as well as the protection women’s groups held a press up, travel and rent. The rest was provided by the owners. Usually conference and released a spent on children’s education, for the each bar had 30-60 dancers. The marriage expenses of their sisters, preliminary report. The study helped drivers of taxis and auto rickshaws and for medical expenses of ailing to bring into question many of the that were used to take them to work parents. Most sent some money popular myths regarding bar and back were regulars and hence back to their families in their villages. dancers. they did not feel insecure while Contrary to the official statement travelling home late at night. The that more than 75 percent of the 50 percent of the women only thing they feared was the police dancers are Bangladeshis and raid and the sexual exploitation by constitute a security risk, the sample who were interviewed the guardians of the law! study revealed that only 2 of the 153 were from backward The positive outcome of the girls who were interviewed were castes, marginalized entire controversy and the media outsiders – they were Nepalis. communities and notified glare has brought the bar girl out of Around 20 percent of the women were tribes of Madhya her closeted existence. It has made either from Mumbai or came from Pradesh... 50 percent poverty stricken districts of the bars more transparent and Maharashtra. 50 percent of the were illiterate and only accessible for women activists and women who were interviewed were 25 percent had studied researchers. But several lurking from backward castes, marginalized beyond the primary doubts continue to haunt me. Due to the impending ban the lot communities and notified tribes of level... in 60 percent of of the bar owners and the bar girls Madhya Pradesh, and the cases women were Rajasthan - Bedia, Chari, Rajnat, has been thrown together by the Dhanawat, etc. The literacy levels the sole breadwinners of political developments and there is were low – 50 percent were illiterate their families. no other choice for both but to and only 25 percent had studied struggle for their survival together.

18 MANUSHI Today the interests of bar girls and the bar owners are common. But Extracts from the Amendments to the Bombay Police what will happen tomorrow if the Act, 1951 to ban Dance bars Bar Girls’ Union takes up questions AND WHEREAS the Government has received several complaints which are uncomfortable for the bar regarding the manner of holding such dance performances ; owners? Can the Union operate AND WHEREAS the Government considers that such performance of without the support and approval dances in eating houses, permit rooms or beer bars are derogatory to the of bar owners? Does it have the dignity of women and are likely to deprave, corrupt or injure the public strength to negotiate better working morality or morals; conditions for the bar dancer? AND WHEREAS the Government considers it expedient to prohibit And what about the women’s such holding of performance of dances in eating houses, permit rooms or groups who are opposing the ban? beer bars; Has our intervention strengthened AND WHEREAS the Government considers it expedient to further the bar owners and wrapped them amend the Bombay Police Act 1951, for the purposes aforesaid ; it is hereby with a cloak of legitimacy? Initially enacted in the Fifty sixth Year of the Republic of India as follows :- women’s groups resisted, but it had Sec 1 This Act may be called the Bombay Police (Amendment) Act, become obvious that if the women’s 2005 groups wanted to play any role at Sec 2 : After Section 33 of the Bombay Police Act, 1951, the following all, they would have to deal with the sections shall be inserted, namely : — bar owners. This realization 33A (1) dawned on the anti-ban groups (a) holding of a performance of dance of any kind or type in an eating very late. Only within an atmosphere house, permit room or beer bar is prohibited of mutual trust was it possible to (b) all performance licences issued under the aforesaid rules by enter the bars and conduct the Commissioner of Police District Magistrate or any other officer, as the case study. may be (being the Licensing Authority) to hold dance performance of any Personally, the entire experience kind or type in an eating house, permit room or beer bar shall stand cancelled has helped me to gain greater (2) Punishment for violaton imprisonment for a term not exceeding three insights into the lives of women years or with fine upto to Rs.2 lakhs or both. Not less than three months who live at the margins and form and fine not less than Rs.50,000/- the underbelly of the city’s nightlife. 33B Nothing in section 33A shall apply to the holding of a dance It has also helped me to question performance in a drama theatre, cinema theatre and auditorium or sport club or gymkhana where entry is restricted to its members only or a three starred my own notions of morality and to or above hotel or in any other establishment or class of establishment, encounter the sleazy world of which having regarding to (a) the tourism activities in the State or (b) cultural sexual erotica. I have become activities, the State Government may by special or general order, specify in astutely aware of the realities of a this behalf bar dancer and the various levels of power politics that is played out dancers are ready to give up their Gowda of Majlis and myself) have upon her body. battle for survival. filed a civil writ petition which has But what have been the gains Two different associations of been tagged along with AHAR for the bar dancer? Were the bar owners have filed two writ petition and will be heard on underground existence and the petitions— Manjit Singh Sethi’s October 3, 2005. invisibility within which she organisation — Fight for the Rights negotiated her sexuality, morality, Acknowledgement: I thank Varsha Kale, and economics more comfortable to of Bar Owners has filed a criminal President of the Bharatiya Bar Girls her? Has the exposure made her writ petition. It is scheduled for Union and the bar dancers for the even more vulnerable than the interim hearing on August 29, 2005. insights into this issue. However, the condition she was living in, before Indian Hotels and Restaurants views expressed here are mine alone. all of us entered her life? I do not Association (AHAR) has filed a About the author: Flavia Agnes is a know. civil writ petition which is listed for lawyer and women’s rights activist. She The ban has become effective final hearing on October 3, 2005. is also the founder member of Majlis, a since August 15, 2005. However, The Bharatiya Bar Girls Union legal and cultural resource centre based neither the bar owners nor the bar (Varsha Kale - represented by Veena in Mumbai.

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