PESHAWAR, Feb 13: The existing law prohibiting dance in public places in the NWFP only bans dancing by a woman for monetary gains or for reward, informed legal circles say.

While a private bill tabled recently in the NWFP assembly proposed a sentence of up to five years in prison with a fine of up to Rs5,000 for a first-time offender, the existing law only stipulates a fine of up to Rs500.

The bill tabled by Nadar Shah, a member of the Jamaat-i-Islami, a component of the ruling Muttahida Majlis-i-Amal, also proposed repeal of the existing NWFP Prohibition of Dancing Act, 1974.

Comparing the existing law and the one proposed by the MMA member, local lawyers said that at present dancing by a woman in a public place for money or reward was a crime, whereas in the draft law dancing and music by any person in a public place or educational institution would be a crime and even a person accused of abetment could be arrested.

Moreover, the proposed law bans any dance, for remuneration or reward or performed without any monetary consideration. The Prohibition of Dancing Bill, 1974, was passed by the NWFP Assembly on July 2, 1974, when Pakistan People's Party ruled the province.

Under the law, any woman found guilty of an offence should be punished with a fine of up to Rs500. If a woman, having been convicted under the law, repeats the offence, she would be punished with simple imprisonment of up to one month or with a fine of up to Rs1000.

In both the present and proposed laws, a public place includes any building, house, room, tent, enclosure, road, lane, bridge, square or any other place to which the public is admitted to witness a dance in payment of money or otherwise. The proposed law also includes music along with dance in a public place.

Under the existing law, dancing is a bailable offence, whereas the proposed law makes it non-bailable. The existing law makes it binding on a police officer, not below the rank of an inspector, to release an arrested woman forthwith on bail.

The preamble of the proposed law states that dancing and music in public places, especially in educational institutions, affects adversely the peace and morality of the public and this practice needs a legal check.

Apart from the NWFP Prohibition of Dancing and Music Bill, 2005, Nadar Shah has also tabled a private bill titled the NWFP Prohibition of Use of Women Photographs Bill, 2005. Through the proposed law, the member intends to place ban on photographs of women in advertisements.

The draft bill states: "...photograph means a photograph of a woman obtained through camera or hand drawing/painting or portrait, whether factual or artificial, which may amount to any incentive to sensuality or excitement of impure thoughts in the mind of an ordinary man of normal temperament, or tends to corrupt those minds which are open to such immoral influence, or tends to corrupt those minds which are open to such immoral influence, or which is deemed to be detrimental to public morals and calculated to produce pernicious effect, in depriving and debauching the minds of person."

The proposed law stipulates a jail term for the offender, which may extend up to five years, and a fine up to Rs10,000.