New Delhi: The Delhi High Court on Thursday stays a ban on cross-gender massage services in the city, saying there is no “reasonable relationship” between the prohibition and preventing human trafficking.
“I am from prime facie’s view that this kind of absolute prohibition on cross gender massage cannot be said to have a reasonable relationship with policy objectives, namely regulating spa functions and ensuring no illegal trade or prostitution takes place in the city,” Judge Rekha Palli said.
Spas times are work sources for many people.
Blanket prohibitions to overcome the fact that some operate illegally is similar to throwing away babies with bath water.
The court has taken the right step.
The High Court said even though the authorities had to arrange a spa center to examine illegal activities, the policy to impose a framed ban without consultation with professionals involved in spa services.
Noting that only 400 of 5,000 spas have a legitimate license, the High Court directs Delhi police and city companies to conduct inspections in their area within one week and take appropriate steps to close all unlicensed spas.
If there is an illegality found during inspection, the police will register the case and immediately provide information to the city body to act, HC said.
The court heard a number of petitions by the owner of several spa centers and therapists who challenged the Delhi government’s move to ban the massage of cross gender and the direction of the consequences passed by the city company.
Meanwhile, Delhi Commission and Delhi Commission for women (DCW) defended the policy, saying such a ban was intended to protect women and children from prostitution threats in spa centers.
DCW told the court conducting extensive inspections, independent investigations and also interacted with young girls and women involved in trade and found that the provisions in which the spa center allowed massage to cross gender to be misused.
However, the High Court said that the prohibition could not be forced suddenly without consultation when the applicant had a valid license and added that it was also aware of the fact that the pandemic had affected their livelihood.