Delhi Theater Artists Protest MCD's Arbitrary Mandate: How Can Hotel and Restaurant Regulations Apply to Performing Arts?

New Delhi- A new regulation recently implemented by the Municipal Corporation of Delhi (MCD) has ignited considerable discontent among performing artists and theater professionals. The regulation stipulates that any theatrical, musical, dance, or cultural event held in an auditorium in Delhi must now be registered on a newly established portal. This portal, named the 'Unified Portal for Licensing of Eating, Lodging & Boarding Establishments,' ('दिल्ली में भोजन/आवास और बोर्डिंग प्रतिष्ठानों के लाइसेंस के लिए एकीकृत पोर्टल') has controversially categorized performing arts licenses alongside those for food and lodging establishments.

Had this been a one-time procedure, it might not have been as burdensome for artists. However, the MCD has mandated that organizers must complete this registration process for each event.

According to the new directive, organizers must pay a fee of one thousand rupees per performance, and owe responsibility for utilities such as electricity, pest control, firefighting along with a Police Clearance Certificate (PCC) prior to staging any show.

Theatrical professionals argue that this new regulation will exacerbate the financial strain on theater institutions. They already grapple with the costs of auditorium rentals and other expenses, and the additional fee of one thousand rupees per performance, coupled with a convoluted process, threatens to undermine their morale.

The new rule has been met with vigorous opposition from those involved in the performing arts, who view it as an infringement on their freedom of expression.

Artists are questioning why regulations meant for hotels, restaurants, and boarding establishments are being applied to the performing arts.

The Mooknayak engaged in a detailed discussion with Arvind Gaur, the founder of the prominent theater group Asmita, regarding this issue. Established in 1993, Asmita Theater presents between 40 to 45 shows annually. Gaur explains that previously, theater groups had no interaction with the MCD; they only needed to apply for a license through a 50-rupee form from the Delhi Police License Department. Upon approval, a 20-rupee fee was paid online, which was a straightforward process.

The new regulation, primarily intended for obtaining police clearance for opening hotels or other establishments, has been inappropriately applied to performing artists without any consultation. Gaur asserts that bureaucrats have improperly categorized performing arts under this regulation.

While hotel and restaurant owners are required to pay a one-time fee of one thousand rupees to establish their units, theater groups like Asmita, which conduct 40-45 shows annually, will face a financial burden of forty to fifty thousand rupees in fees without just cause, which he deems unjust.

Additionally, several by-laws under this regulation, such as pest control and fire safety responsibilities, are being imposed on event organizers, despite these tasks being the responsibility of the auditorium owner. The auditorium owner is accountable for maintenance, electricity, fire safety, etc., and also pays regular taxes.

Theater institutions already pay a fixed fee for utilizing the auditorium. The imposition of PCC and licensing requirements adds a double burden.

There are approximately 50 to 60 theater groups in Delhi that operate regularly. The shows fall into two main categories: celebrity performances with ticket prices ranging from one thousand to four thousand rupees, and theater performances with ticket prices varying from fifty to two hundred rupees before COVID, and one hundred to three hundred rupees afterward.

Auditorium rental fees range from sixty thousand to one hundred and fifty thousand rupees per show. Groups like Asmita focus on public-oriented issues and perform plays on pressing topics. Gaur notes that Asmita does not receive any government aid, which allows them to present impactful content on significant issues. The new licensing regulation is perceived by organizations like Asmita as an unwarranted government intrusion into the freedom of expression.

Arvind Gaur has long championed the freedom of expression for theater professionals and strives to amplify the voices of committed artists whenever such arbitrary mandates arise.

In response, Gaur initially approached Delhi's Mayor Shaili Oberoi to express his objections. However, she professed ignorance of the matter, stating that decisions of this nature are made directly by the Lieutenant Governor of Delhi, without informing her. Gaur also sought an appointment with the Lieutenant Governor but received no response.

Key Demands of Theater Artists:

1. Reform laws such as the Police Clearance Certificate (PCC) required for performing plays.

2. Immediately revoke the rule imposing a one thousand rupee fee per performance.

3. Remove the performing arts license from the portal designated for eating, lodging, and boarding establishments.

4. Reevaluate the 18% GST imposed on theater performances.

5. Ensure that agencies consult all stakeholders before enacting such regulations.

Prominent Figures in the Theater World Condemn MCD's New Order

Renowned theater critic Jayadev Taneja has denounced this decision as anti-cultural and hostile to artists. Theater professionals from Delhi and Mumbai have voiced their opposition, fearing that if such arbitrary actions are allowed in Delhi, they may be extended nationwide. Therefore, resisting this decision is crucial for preserving artistic freedom.

Notable theater director Barry John, who has taught acting to Shah Rukh Khan, criticized the decision as deeply disrespectful to artists, describing it as an attempt to sever their connection to their roots.

Rajesh Kumar, known for his plays on figures like Ambedkar and Gandhi, has labelled the decision as anti-people and callous, strongly opposing it.

Distinguished writer, director, actor, and playwright Mahesh Dattani reflected on Mumbai's historical censorship of theater, expressing gratitude to figures like Vijay Tendulkar and Dr. Shriram Lagoo, who vigorously fought against such attempts and ensured their failure.