Delhi HC stays ban on cross-gender massages, orders crackdown on illegal spas

The government, in August, issued guidelines banning cross-gender massages in Delhi and the same were being implemented by the municipal corporations. The court Thursday ordered a stay on the government policy after hearing petitions filed by the associations running the spas and also professional therapists.

“This kind of absolute ban on cross-gender massage cannot be said to have any reasonable connection with the aim of the policy which purpose thereof seems to be regulation of the spas and ensure that no illegal trafficking or prostitution takes place in the city,” said Justice Rekha said in an interim order.

The court said it has no reasons to differ with the submissions made by the Delhi government and Delhi Commission for Women that the attempt behind the policy is to ensure that the spas in any manner do not become prostitution centres and lead to exploitation of women and young girls.

However, it added that merely because the municipal corporations and the Delhi Police have not been able to take effective steps to ensure that no illegality takes place, does not mean there can be an absolute ban. It also said no consultations appear to have been made with the professional engaged in the business.

Taking note of a submission that the majority of spas were being run without any licences, the court said there is absolutely no justification either on part of the Delhi Police or the corporations for not taking appropriate action.

“In fact, there is no justification even for the three corporations not having taken any action to suspend or cancel licence of spas against whom FIRs already stand registered or in fact even those who are openly stated to be indulging in activities which are illegal as it is claimed that they are openly offering services for sexual pleasure,” said the court.

Directing the corporations and the Delhi Police to carry out an inspection of their respective areas within one week, the court asked them to take appropriate steps to immediately ensure to pass orders directing closure of all spas being run without any licences. It also ordered the Delhi Police to share information with the corporations regarding the licenced spas which are indulging in illegal activities.

“After Delhi police completes inspection of all spas which are being run without licences, it will also commence inspection of all licenced spas and ensure that appropriate cases are registered in case any illegality is found in the said spas under valid licences from the corporations. Immediate information regarding registration of cases will then be forwarded to corporations so that appropriate steps to suspend or cancel their licences can be made,” said the court.

The petitioners earlier argued that the restriction is discriminatory and unconstitutional. The Delhi government defended the policy saying that a recommendation was received from the DCW which had, after extensive research and interaction with women in the city, come to a conclusion that these massage centres are being misused and virtually run as prostitution centres. The court was also told some of the spas are blatantly publicising on their website that they provide not only massage services but also services that will amount to providing sexual pleasure to the clients.