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Synopsis

The Delhi High Court has recently dismissed a public interest litigation seeking directions to the Government to prohibit cross-gender massages in spas/massage centers.

“Since the learned Single Judge is already seized of the controversy, this Court is of the view that the present public interest cannot be entertained”, a bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora held. 

A public interest litigation was filed by one Anuj Malhotra seeking directions against the Government to prohibit cross-gender massages in spas/massage centers. Additionally, he requested that the Government regularly share recordings of these establishments with the Delhi Commission for Women.

Advocate Kunal Madan appearing for Malhotra asserted that cross-gender massages were operating in various spas/massage centers in Delhi, contravening the ‘Guidelines for Operation of Spas/Massage Centers in Delhi’ issued by the Delhi Government in 2021. He emphasized that under clause 2(b) of the guidelines, cross-gender massages were forbidden in these establishments. Furthermore, he noted that such massages were being offered in secluded rooms, violating clause 2(d) of the guidelines, and asserted that they have contributed to the illegal sex trade.

Advocate Kunal Madan also mentioned that despite numerous complaints and representations, including one dated February 19, 2024, regarding the unlawful operations of spa parlors in Karol Bagh, no response was received.

Court reviewed the documents and observed that a challenge to the validity of the aforementioned guidelines was under scrutiny before the single judge bench of the high court. Therefore, the division bench disposed of the petition. 

Case Title: Sh. Anuj Malhotra v Govt Of Nct Of Delhi & Ors. (2024:DHC:2699-DB)