Plea seeks reopening, functioning of spa centres in Delhi; court seeks response

New Delhi [India], July 5 : The Delhi High Court on Monday sought a response from the Central Government and GNCT of Delhi on a plea seeking direction for reopening and functioning of Spa Centres in Delhi.
The petitioners, Dr. Pritam Raj and Manish Upreti, directors of Ayur Thai Spa and Revive Spa have approached the Delhi High Court seeking the issuance of guidelines for reopening the Spa centres.
"Petitioners also challenged the guidelines dated June 26, 2021, issued by Delhi Govt through Delhi Disaster Management Authority by virtue of which salons and gymnasiums and yoga institutions have been allowed without application of mind and are highly discriminatory as similar services like masseur services through Urban Clap and Salons are operational as on date," the plea stated.
A bench of Justice Rekha Palli on Monday while issuing notice to all respondents, refused to pass any interim order in this regard. Court slated the matter for July 20 for further hearing.
Advocate D. Vashish appeared for petitioners while Advocate Naushad Ahmed Khan appeared for Delhi Government in the matter.
The plea states that on June 26, 2021, the Government of NCT of Delhi through the Delhi Disaster Management Authority was pleased to direct the reopening of markets, malls, salons, gyms, banquet halls, wellness centers, yoga institutes, and even urban clap services of massages. However, the opening of spas has been prohibited under the said orders.
The petitioners submitted that while the spas in neighboring states with high Covid casualty have started to function under the new normal, the Ayurved centres and spas in Delhi are still prohibited though yoga institutes, gymnasium, salons, and masseur services via urban clap are operational.
The Constitution of India gives the right of equality in trade and business to every citizen of India and now after the lockdown when the respondents have opened/unlocked all businesses, there is no reason to keep the business of Spa industry shut down whereas the petitioners undertook to abide by the conditions that may be imposed by the respondents' state and civic agencies while permitting reopening of Spas in Delhi, stated the plea.
Spa centers give direct and indirect employment to lakhs of therapists, specialists, assistants, center management employees, cleaners, goods suppliers, etc. who are severely affected due to the pandemic. Due to arbitrary prohibitory orders against reopening of Spas the petitioners are financially overburdened due to overdue rents, staff salaries, property tax, and miscellaneous expenditures, it added.