HC stays ban on cross-gender massages in Delhi

New Delhi: The Delhi High Court on Thursday stayed the operation of the policy that imposed a ban on cross-gender massage services in the national capital till further orders.

Justice Rekha Palli said the prima facie viewed that the policy to impose a ban on cross-gender massage service was made without having any consultation with spa services professionals.
The court, henceforth, directed that operation of the policy and the similar clauses shall remain stayed till the next date of hearing that is January 11, 2022.

The court said that that it has a prima facie view that such type of ban on a cross-gender massage cannot have any reasonable connection to regulate the working of massage parlours and ensure that no illegal trafficking or prostitution occurs.

However, it directed the city police and civic bodies to conduct an inspection within one week and take appropriate steps and action on unlicensed spas.

The Delhi government had defended the policy submitting that it was formed to save women and children from the alleged prostitution at such centres.

The court was hearing various petitions challenging the ban on cross-gender massage.

One of the pleas was filed by the Association of Wellness Ayurveda and Spa in September, which has sought direction to call to prove the existence of any new guidelines issued by the state government as per newspaper reports and alleged guidelines being circulated among members of the petitioner association for the operation of spa centres across Delhi.

The petitioner has sought quashing of the portion of the notification allegedly been issued by the Delhi government to the extent of banning cross-gender massage and separating portions of male and female clients.

The petition also submitted that the ban on cross-gender massages was unconstitutional for being in violation of Article 19(1)(g) of the Constitution and assuming prostitution to be only in the “heterosexual domain” is illogical.