WHETHER PUNISHMENT PROVIDED UNDER SECTION 8(2) OF THE ACT IS

DISCRIMINATORY AND OFFENDS ARTICLE 14 OF THE CONSTITUTION?

It is humbly submitted before this Hon’ble Court that punishment being provided under the
Section 8(2) is for those who allow obscene dance. Under the Section 294 of IPC obscenity is
considered as an offence which leads to punishment of imprisonment till 3 months. It is
submitted before this Hon’ble court that for the offence in which Central Act prescribes
imprisonment of up to three months, it being extended to three years as per the Section 8(2) is
violative of Article 14 and contrary to the IPC. As in Section 8(1), the offence is considered
punishable only when the place is being used by violation of Section 3, i.e., if the restaurant,
bar, or the hotel or any other place, stages dance without obtaining a license as in Section 3 of
the Act, is a punishable offence. Nonetheless, even if the institution has a license, however, it
can not be used for obscene dance performances or for immoral exploitation of working
women at workplaces. These acts are made punishable under sub-section (2). As in this case,
the offence as under Section 8(2) varies from the offence mentioned in Section 294 of IPC
which states that in ‘294. Obscene acts and songs. —Whoever, to the annoyance of others—
(a) does any obscene act in any public place, or
(b) sings, recites or utters any obscene song, ballad or words, in or near any public place,
shall be punished with imprisonment of either description for a term which may extend to
three months, or with fine, or with both.’