On Thursday, the High Court of Delhi stayed the prohibition on cross-gender massage services in the city, saying there was no “reasonable connection” between the ban & preventing trafficking or prostitution at spas.
Justice Rekha Palli noted, “I am of the prima facie view that this kind of absolute ban on cross-gender massage can’t be said to have any reasonable connection with the aim of the policy, which is to regulate the functioning of spas & ensure no illegal trafficking or prostitution takes place in the city".
The HC said though the authorities ought to regulate spa centres to check illegal activities, the policy to impose a ban was framed without any consultation with professionals involved in spa services.
Noting that only 400 out of 5,000 spas have valid licences, the high court directed Delhi Police & municipal corporations to carry out an inspection in their areas within one week & take appropriate steps to close all unlicensed spas. In case any illegality is found during the inspection, the police will register cases & immediately pass the information to the municipal bodies for action, the High Court said.
The Court was hearing a batch of pleas by owners of some spa centres & therapists challenging the Delhi Govt’s move to ban cross-gender massages & the consequent directions passed by the municipal corporations.
Meanwhile, the Delhi Govt & Delhi Commission for Women (DCW) defended the policy, saying such a ban was meant to protect women & children from the menace of prostitution at the spa centres. DCW told the court it conducted extensive inspections, an independent inquiry & also interacted with young girls & women engaged in the trade & found that the provision under which spa centres permitted cross-gender massage was being grossly misused.
However, the high court said that a ban can’t be imposed suddenly without any consultation when petitioners have valid licences & added that it is also aware of the fact that the pandemic has affected their livelihoods.
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