Delhi High Court to hear plea challenging ban on cross-gender massage in spas

New Delhi [India], September 6 : The Delhi High Court on Monday listed for September 20 for hearing a plea challenging guidelines banning cross-gender massage services in spas.
Justice Rekha Palli asked the petitioner, Association of Wellness Ayurveda and Spa to file an additional affidavit listing its members. The Court also sought to know, if any, action has been taken against spas by authorities pursuant to the guidelines.
The Delhi government counsel stated that the guidelines prohibiting cross-gender massages were yet notified as law.
The Court was hearing a plea seeking to restrain Delhi Government from issuing any guidelines in respect to banning cross-gender massage or creating any separate portion for male and female members.
The plea was filed by an Association of Wellness Ayurveda and Spa through avocates Indu Kaul, Mani Kaul and Vikram Kaul.
The petitioner has sought direction to call to prove the existence of any new guidelines issued by the state government as per newspaper reports and alleged guidelines being circulated among members of petitioner association for the operation of spa centers across Delhi.
The petitioner has sought quashing of the portion of the notification allegedly been issued by Delhi Government, to extent of banning of the cross gender massage and separating portion of male and female clients.
The petitioner also sought to restrain the government from issuing any guidelines in respect to banning cross-gender massage or creating any separate portion for male and female members, which is neither reasonable nor fair or just.
The petition sought direction to concerned authorities not to interfere in the peaceful functioning of the spa centers by conducting arbitrary raids without following due process of law as per Section 15 of the Immoral Traffic (Prevention) Act, 1956 and not to arbitrarily shut down any spa centres in the Delhi without following due procedure of law.
The petitioner has claimed that two spas have been closed down and others are being threatened by the officials on the basis of the guidelines, which are not in public domain.
The petitioner said that every industry, workplace and businesses have 'some bad apples' but that doesn't mean that every spa centre across the state is running a prostitution and human trafficking racket. The petitioner also said spa centres spend a huge amount on training and skill up-gradation of their massage therapists.