Delhi High Court Dismisses PIL Seeking Direction To Ban Cross-Gender Massages In Spas Or Massage Centers

The Delhi High Court dismissed the Public Interest Litigation (PIL) that sought direction to ban cross-gender massages in spas or massage centers.

The petitioner named Anuj Malhotra had filed the petition and prayed for a direction to share the recordings of spas/massage centers with the Delhi Commission for Women on a regular basis.

A Division Bench of Acting Chief Justice Manmohan and Justice Manmeet P.S. Arora refused to entertain such a petition.

Advocate Kunal Madan appeared on behalf of the petitioner while ASC Satyakam appeared on behalf of the respondents.

In this case, the counsel for the petitioner stated that cross-gender massages are being carried out in various spas/massage centers in Delhi in violation of ‘Guidelines for Operation of Spas/Massage Centers in Delhi’ dated August 18, 2021 issued by the GNCTD (Government of National Capital Territory of Delhi). He emphasized that in accordance with clause 2(b) of the said Guidelines, cross-gender massages are prohibited in spas/massage centers in Delhi.

He further stated that such massages are being provided in locked rooms in violation of clause 2(d) of the Guidelines and averred that cross-gender massages have led to operation and proliferation of illegal prostitution. He also stated that the petitioner received no response to the various complaints/representations including representation February 19, 2024 addressed to the Station House Officer (SHO) of Police Station-Karol Bagh, Delhi with respect to illegal operation of various spa parlours in Karol Bagh, New Delhi.

The Court in view of the above submissions observed, “A perusal of the paper book reveals that a challenge to the validity of the said Guidelines issued by GNCTD by way of Notification dated 18th August, 2021 is pending consideration before a learned Single Judge of this Court.”

The Court said that since the Single Judge is already seized of the controversy, the PIL cannot be entertained.

Accordingly, the High Court dismissed the petition.

Cause Title- Anuj Malhotra v. Govt of NCT of Delhi & Ors. (Neutral Citation: 2024:DHC:2699-DB)

Appearance:

Petitioner: Advocates Kunal Madan, Shyam Babu, and Rahul Matharu.

Respondents: ASC Satyakam

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