The Bombay High Court on Friday restrained the state government from implementing its proposed decision to allow bars, pubs and restaurants to remain open all night in Mumbai unless it satisfies the court that it has conducted an impact study on the safety of women.
A bench of Justice Abhay Oka and Justice Anil Menon made it clear that if the decision is already taken “it shall not be implemented till this court considers that the state government has considered the issue of safety of women in the city of Mumbai.“
The court is hearing two public interest litigations, including one taken up on its own, after a woman was molested on a train between Nerul and Juinagar stations in the wee hours of June 19, 2011. On March 5, expressing apprehension, the court had asked the government to inform it if the aspect of women safety had been considered vis-à-vis the nightlife plan.
The government's advocate submitted a letter written to her by the home department seeking three weeks' time to respond as the legislature session is on. But the judges questioned if the state government can take such a decision on nightlife without considering the aspect of women safety .
“This exercise we are doing would be an exercise in futility,“ said the bench, which has been assessing the recommendations of the Dharmadhikari committee which was set up to suggest women-friendly recommendations. The panel has made 171 recommendations, including a ban on women waitresses in bars and restaurants as a measure to curb attacks on women. The government has accepted 109 recommendations.
The court questioned if an impact study by experts had been carried out and added that “unless you make impact study by experts you will not take a decision to keep bar, pubs and restaurants open at night.“
The judges remarked that most of the panel's recommendations are in the context of women's safety in bigger cities like Mumbai. “Otherwise we are going one step backward. If this decision is taken, it will (be). Study is required. Appoint experts or ask the committee,“ added Justice Oka.
The bench also noted that the state government has limited resources available and there is enormous pressure on the police machinery . “Whether the proposed policy decision will apply to residential and non-residential areas, is an issue relevant,“ it added. It also said that while the court cannot restrain the government from taking a policy decision on nightlife, “before implementing the said decision, the state government will have to satisfy the court that impact on safety of women has been taken into account.“
Observing that it is “advisable to refer the entire issue“ to the panel, the government has been directed to also reply on this aspect.
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