STATEMENT OF JURISDICTION

The appellant has approached the Hon’ble Supreme Court under Article 32 1 of the
Constitution of India. The appellant reserves the right that without prejudice to the powers
conferred on the Supreme Court by law empower any other court to exercise within the local
limits of its jurisdiction all or any of the powers being exercised.

Issue- Whether the prohibition of any form covered under Section- 33A of the Maharashtra
Police Act 1951 leads to unemployment and infringes the right of the appellant under Article
19 (1) (g) of the Constitution of India?
Statement- The section 332 of the Maharashtra Police Act 1951 talks about the power to make
rules for regulations of traffic and for preservation in order in public place and part (a) of the
section discusses licensing and controlling persons offering themselves for employment at
quays etc. However, the stringent orders end result of the prohibition of any form of dancing
in the establishments covered under Section 33-A leads to the only conclusion that these
establishments have to shut down. This is evident from the fact that since 2005, most if not
all the dance bar establishments have been literally closed down. This has led to
unemployment of over 75,000 women workers. It has been brought on the necessity for
maintenance of their families. The impugned legislation has proved to be totally counter-
productive and cannot be sustained being ultra vires Article 19 (1) (g)3.

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32. Remedies for enforcement of rights conferred by this Part.—
 (1)The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights
conferred by this Part is guaranteed.
 (2)The Supreme Court shall have power to issue directions or orders or writs, including writs in the
nature of habeas corpus, mandamus, prohibition , quo warranto and certiorari, whichever may be
appropriate, for the enforcement of any of the rights conferred by this Part.
 (3)Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament
may by law empower any other court to exercise within the local limits of its jurisdiction all or any of
the powers exercisable by the Supreme Court under clause (2).
 (4)The right guaranteed by this article shall not be suspended except as otherwise provided for by this
Constitution.

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33. Power to make rules for regulations of traffic and for preservation of order in public place, etc.] ] -
(1) [The Commissioner with respect to any of the matters specified in this sub-section, the District
Magistrate] with respect to any of the said matters (except those falling under [clauses (a), (b), (d), (db), (e) (g),
(r), (t) and (u) thereof), and the Superintendent of Police with respect to the matters falling under the clauses
aforementioned read with clause (y) of this sub-section,] in areas under their respective charges or any part
thereof, may make, alter or rescind rules or orders not inconsistent with this Act for-

(a) licensing and controlling persons offering themselves for employment at quays, wharves and landing
places, and outside Railway stations, for the carriage of passengers' baggages, and fixing and providing
for the enforcement of a scale of charges for the labour of such persons so employed;

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19. Protection of certain rights regarding freedom of speech, etc.—
 (1)All citizens shall have the right—
o (a)to freedom of speech and expression;
With the provisions of Section 33- A and 33-B4 inserted vide amendment act, 2005 to the
Bombay police Act, 1951, been struck down as unconstitutional being in contravention of
Article 145 and 19 (1) (g) of the constitution. After orders dated 2-3-2016 6 were passed by the
court modifying some of the said 26 conditions, the court granted one week’s time to the
respondents to comply with its directions. However, even on the passing of certain orders by
the Supreme Court for issuing of the license and for processing other applications on the
principle of party until date not a single license has been issued to any of the
petitioners/members of the association. All this amply shows that the only intention of the
State is to hinder the right of the people to profess their choice of employment. By reading
the orders passed by the State rejecting each and every application that has been made for
grant of license even under the new Act and Rules. This is the complete infringement of
rights under Article 19 (1) (g), to practice any profession, trade or occupation and thus
promoting unemployment.

o (b)to assemble peaceably and without arms;

o (c)to form associations or unions 4[or co-operative societies];

o (d)to move freely throughout the territory of India;

o (e)to reside and settle in any part of the territory of India; 5[and]

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o (g)to practise any profession, or to carry on any occupation, trade or business.

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(b) regulating traffic of all kinds in streets and public places, and the use of streets and public places by persons
riding, driving, cycling, walking or leading or accompanying cattle, so as to prevent danger, obstruction or
inconvenience to the public;
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The State shall not deny to any person equality before the law or the equal protection of the laws within the
territory of India.
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Indian Hotel & Restaurants Assn. v. State of Maharashtra, (2017) 11 SCC 248 : (2017) 11 SC 252