"Happening Under Nose Of Authorities, Paints A Very Unfortunate Picture": Delhi HC Calls For Inspection Of Illegally Run Spa Centres

The Delhi High Court on Thursday expressed its unhappiness over functioning of illegal spa centres in the national capital, remarking that it is unfortunate that such things are happening under the nose of the authorities.Justice Rekha Palli thus directed the three municipal corporations in the city and the Delhi Police to carry out an inspection of their respective areas within one week and take appropriate steps to for closure of all spas being run without licenses."As lady I feel very depressed, I feel very sad. This is happening under the nose of the corporations and Delhi Police. They probably forget they have wives, daughters and sisters at home. It's very sad," the Court orally remarked. The Court was hearing pleas challenging the guidelines issued by the Delhi Government banning cross-gender spa and massage services in the national capital.The grievance of the petitioners was against the license policy issued by the three corporations based on the policy guidelines issued by the GNCTD dated 18 August 2021. It was the petitioners' case that while issuing the policy guidelines for regulating the functioning of spas being run in Delhi, the respondents imposed prohibitions which were violative of their fundamental rights, having no nexus with any public interest. "I would be happy if the Delhi Police and the corporations would take active action and close all of this. There I am with you. There should be no reason why we should have illegal spas in the city," the Court told the Delhi Government. During the course of hearing, Senior Advocate Sachin Dutta appearing the petitioners submitted that imposition of the said policy without giving any prior notice or consultation with any of the persons involved in the profession for the last many years was illegal and liable to be set aside. While drawing the Court's attention to clause 2 b of the impugned guidelines which prohibited cross gender massage, he submitted that application of the said clause has been excluded from spas and massage centres in physiocentres operated in government or private hospitals or any other hospitals run by autonomous bodies or other state run therapeutic centres. Appearing for other petitioners, Advocate Davesh Vashishtha argued for the cause of female therapists, specifically on their constitutional right guaranteed under Article 19(1)(g). On the other hand, Senior Advocate Rahul Mehra appearing for the Delhi Government defended the impugned policy and argued that a recommendation was received from the Delhi Commission for Women which had, after extensive research and interaction with women in the city, come to a conclusion that these massage centres were being misused and are virtually being used as prostitution centres. He handed over a chart to the Court in order to show that some of the members of one of the petitioner associations were blatantly publicising on their website that they provide not only massage services but also services which which will amount to providing sexual pleasure to the clients. Therefore, he submitted that some of the members of petitioner associations were themselves guilty of indulging in illegal activities which clearly showed that spas in the city were openly indulging in sexual activities. "Having given my thoughtful consideration to the submissions of the parties, even though I have no reasons to differ from the submissions of learned senior counsel for the GNCTD that the intention behind the impugned policy guidelines may have been bona fide and the attempt of the GNCTD and DCW was to ensure that spas are not run in a manner so as to be virtually become prostitution centres or lead to exploitation of women and young girls in the city, the fact however remains that there are about 5,000 spa centres running in the city even though as per 3 corporations only about 400 spas have been issued licenses," the Court recorded in the order. The Court noted that there was absolutely no justification on the part of the Delhi police or the corporations for not taking appropriate actions against illegally running spas in the city.During the course of hearing, Justice Palli expressed her surprise over the fact that about 5,000 spas centres were running when the MCDs had given permission to only about 400 spas. "First you have to permit only the licensed spas so that you can regulate them. What is happening is all over the city, I don't want to say, because there are people very conveniently, every corner if you say people are operating, it is with the connivance of a number of people. Why is that happening? If you were permitting only licensed spas then regulate them, cancel their license immediately," she remarked orally. "I am really sorry to say, if the corporations or whosoever is there who is not taking action, it needs to be condemned," she added. "In fact, there is no justification even for the 3 corporations not having taken any action to suspend or cancel license of spas against whom FIRs already...

"Happening Under Nose Of Authorities, Paints A Very Unfortunate Picture": Delhi HC Calls For Inspection Of Illegally Run Spa Centres

Nupur Thapliyal

Failure of authorities to tackle spas indulging in illegal activities not ground to impose absolute ban on cross gender massage, the Court opined prima facie.

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