Maharashtra Govt Tells Bombay High Court It Has No Objection To Permitting Cross Gender Massages In Spa Centres, Will Issue Guidelines

The Maharashtra Government last week told the Bombay High Court that it has no objections to permit 'cross gender massages' in spa centres in the State and that it would soon come up with guidelines for regulating the operations of spas, massage centres, therapy and wellness centres.A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale was hearing a petition filed by 11 therapists, aggrieved by the action of the police in raiding their premises and initiating action against them under the provisions of the Immoral Traffic (Prevention) Act, 1956.The petitioners highlighted the fact that they were being harassed and humiliated by the police and its Instrumentalities, which has been creating a hindrance for them to practice their profession and it has also been affecting their dignity. They contended that their 'right to livelihood', 'right to dignity' and 'right to equality' are being breached by this 'indiscriminate' action by the police.When the matter was called out on Friday (January 24) the judges sought to know the stand of the State government on this issue. "Mr Advocate General, this has to stop somewhere... Police unnecessarily harasses these people...," Justice Mohite-Dere, orally remarked. To this, Advocate General Dr Birendra Saraf representing the State government informed the bench that usually police steps in only after there is a complaint made by neighbours etc, which too cannot be ignored. "Let there be guidelines so that police can weed out unnecessary harassment," the bench said, while noting that one of the main prayers in the petition is to formulate guidelines. Agreeing with the bench's suggestion, AG Saraf told the judges that the State would soon come up with guidelines and sought time for the same. During the discussion, Advocate Yadunath Bhargavan along with Advocate Hetvi Savla apprised the bench of the fact that the Delhi Government has already framed such guidelines for the smooth operations of spa/massage centres etc in the union territory."Only a clause which permits cross-gender massages is challenged before the Delhi High Court, which has stayed only that particular clause. Hope in our State this would not be an issue," Bhargavan submitted. Weighing in, AG Saraf, said, "Cross gender massage, I personally do not think can be an issue in todays time. I am sure that such a clause will not have any problem. I can say that if the State asks me, I will ensure that this (Cross-gender massage) is not made an issue."The judges, while 'appreciating' Saraf's statement, granted six weeks time for the State to formulate proper guidelines for the working of spa/massage centres, therapist and wellness centres.

Maharashtra Govt Tells Bombay High Court It Has No Objection To Permitting Cross Gender Massages In Spa Centres, Will Issue Guidelines

Narsi Benwal

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