No Spa Shall Run Without Valid License, Delhi HC Stays Cross-Gender Massage Ban Amidst Illegal Activities Concerns

The High Court of Delhi, in a significant ruling, addressed the contentious issue of cross-gender massages in spas and massage centers across Delhi. The case, titled ‘Sh. Anuj Malhotra Vs. Govt of NCT of Delhi & Ors’, saw the court deliberating over the legality and regulation of such practices in the national capital.

The primary legal point under consideration was the ban on cross-gender massages in spas and massage centers as per the ‘Guidelines for Operation of Spas/Massage Centers in Delhi dated 18^th August 2021’ issued by the GNCTD. The petitioner sought a direction to enforce this ban, citing the alleged proliferation of illegal activities under the guise of such services.

The petitioner, represented by Mr. Kunal Madan and others, argued that cross-gender massages were being conducted in violation of the aforementioned guidelines. This, according to the petitioner, was leading to illegal activities, including prostitution. Despite multiple complaints to the authorities, no action was seen, prompting the filing of this public interest litigation.

Violation of Guidelines: The court noted that the operation of cross-gender massages contravened specific clauses in the GNCTD guidelines.

Pending Matter Before Single Judge: Significantly, the validity of these guidelines was already under challenge in a separate case, which was highlighted during the proceedings. The court observed that a learned Single Judge was already seized of this controversy.

Stay on Certain Clauses: In an earlier order, the court had stayed the operation of Clause 2(b) of the policy, which prohibited cross-gender massages.

Inspections and Enforcement: The court also mandated regular inspections and enforcement measures against spas operating without a valid license and engaging in illegal activities.

Public Interest Litigation Dismissed: Considering the matter’s pending status before a Single Judge, the court decided not to entertain this specific public interest litigation, leading to its dismissal.

Concluding its judgment, the court dismissed the petition in light of the ongoing consideration of related matters by a learned Single Judge. This decision reflects the judiciary’s approach in managing overlapping legal issues and maintaining regulatory oversight on sensitive matters like spa operations.

 Date of Decision: April 2, 2024.

Sh. Anuj Malhotra Vs. Govt of NCT of Delhi & Ors.,