Cross Gender Massage Does Not Amount To 'Sexual Activity': High Court To Delhi Government

The Delhi High Court on Friday told the Delhi Government that a cross-gender massage, merely by itself, does not mean that it amounts to a sexual activity.

"Just because it is cross-gender massage, does not mean that it is a sexual activity," orally remarked Justice Rekha Palli who was hearing pleas challenging the guidelines issued by the Delhi Government banning cross gender spa and massage services in the national capital.

The development came after Senior Advocate Rahul Mehra appearing for the Delhi Government submitted before the Court that the policy was framed in order to stop sexual activities in spa centres.

"You ask your people to hold their hands. I'm not saying that illegal activities you shouldn't stop," the Court added.

At the outset, the Court was apprised that action will only be taken with regards to the illegal activities. Accordingly, the hearing was adjourned.

One of the petitions filed by five professional therapists, through Advocate Srilina Roy, states that the police has no legal right to prevent a health spa being operated by anyone, even if the therapy is done by persons of one sex to those belonging to the opposite sex.

"Unfortunately, this reflect narrow minded approach of the Respondent authority/Government and abuse of power. The Colonial mindset of Respondents No.1 to 3 is reflected through the impugned new guidelines which also ban providing spa and massage services behind locked doors, this is horrible as it will give license to the police and municipal officers to barge into the therapy room and outrage the modesty of women. This will destroy the reputation and safety of many professional therapists in the capital," it adds.

Another petition moved by Association of Wellness Ayurveda & Spa states that the petitioner Association was aggrieved by the arbitrary, discriminatory, unlawful and discriminatory treatment of the concerned authorities towards spa centres across the national capital.

The plea also submits that cross gender treatment has been part of traditional massage practices along with other medical treatments like psychotherapy and substances abuse treatment where also cross gender proximity is prevalent.

Case Title: Association of Wellness Ayurveda & Spa v. GNCTD & Ors.