HC stays ban on cross-gender massages

NEW DELHI: The Delhi high court on Thursday allowed licensed cross-gender massage spas to operate across the national capital even as it called illegal spas offering prostitution services in the city “unfortunate”.

In an interim order, justice Rekha Palli said that just because the city police and the municipal corporations had failed to keep a strict check on the prostitution rackets operating in the garb of spas, there was no reasonable connection between the absolute ban and preventing prostitution at spas.

“I am, however, of the prima facie view that merely because the corporations and Delhi Police have not been able to take effective steps to ensure that no illegal spas are operated in Delhi and the ones holding licences do not indulge in any illegal activity whatsoever, this kind of absolute ban on crossgender massages 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,” the court said in a verbal order.

The court was hearing a batch of petitions by owners of several spa centres and therapists challenging the Delhi government’s policy guideline prohibiting cross-gender massages and the consequent directions passed by municipal corporations. The court also said that the policy to impose a ban was framed without any consultation with professionals involved in spa services. It said that while the authorities ought to keep a strict check on prostitution rackets, the livelihood of people was getting affected and hence such a ban could not be continued.

It directed the three municipal corporations and the city police to inspect areas under their jurisdiction within a week, and take appropriate steps to close all unlicensed spas. It asserted that in case of any illegality, the police should register appropriate cases and immediately pass the information to the municipal bodies for action. “It is however made clear that just because this court has stayed the operation of clause 2b of the guidelines, none if the petitioners or the therapists will carry out any activity which is not expected,” the judge said. Clause 2b of the impugned guidelines prohibits cross-gender massages.