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The Delhi High Court Tuesday directed Delhi government and the Municipal Corporation of Delhi (MCD) to file a response to its order seeking data on the total number of spas operating in the national capital and the number of licences issued by them.
During the hearing of a case challenging the Delhi government’s guidelines banning cross-gender massages in Delhi, the single bench of Justice Yashwant Varma was informed that the order seeking a detailed disclosure regarding operation of spas has not been complied with yet.
Earlier, the court also had asked the MCD to disclose steps taken by them for ascertaining whether the establishments were found conducting their businesses in accordance with the law, and that no impermissible activities were being undertaken on their premises.
Ordering the Delhi government and MCD to file responses on the issues flagged in an order dated April 5, the court listed the matter for hearing on November 21. The court on December 16, 2021, had stayed the Delhi government imposed-ban on cross-gender massage services in the city but ordered a massive crackdown against illegal spas. The court had been told that while 5,000 spas are functioning in Delhi, only about 400 have the licences to offer their services.
The counsel representing the spas Tuesday told the court that in the garb of conducting inspections, an extortion racket has been started by MCD officials and police. The court was also told that the renewal fee has now been hiked by “five times” and that police were harassing spa owners in the name of verification.
The government in August 2021 issued guidelines banning cross-gender massages in Delhi and the same were being implemented by the municipal corporations. The court in December ordered stay on the government policy after hearing petitions filed by associations running spas and professional therapists.
“This kind of absolute ban on cross-gender massage cannot be said to have any reasonable connection with the aim of the policy which purpose thereof seems to be regulation of the spas and ensure that no illegal trafficking or prostitution takes place in the city,” the court had said.
Taking note of a submission that majority of spas were being run without any licences, the court had said there is absolutely no justification either on part of the Delhi Police or the corporations for not taking appropriate action.
Directing the corporations and the Delhi Police to carry out an inspection of their respective areas, the court had asked them to take appropriate steps to immediately ensure to pass orders directing closure of all spas being run without licences.
The Delhi government has earlier defended the policy saying that a recommendation was received from the Delhi Commission of Women, which had after extensive research and interaction with women in the city come to a conclusion that these massage centres are being misused and “virtually run as prostitution centres”.
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