Massage parlours and the law: India
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Court judgements
Delhi, 2014/ Police should not interfere
Cops can't interfere with massage biz: Madras High Court
A Subramani, December 18, 2014
Relax! Massage parlours, spas, beauty parlours, wellness centres, unisex salons and health clubs -call them by any name, but police and other authorities cannot interfere with their functioning without there being a law to either permit or regulate such entities, the Madras high court has ruled. Justice V Ramasubramanian, coming to the rescue of the wellness industry in Chennai, said on Wednesday: “It is quite unfortunate that the very word 'massage' has come to be looked down upon, due to the abuse of these centres by a few individuals. Therefore, it may be necessary for the government to regulate, by law, the industry and provide certain basic parameters.” He then said the authorities shall not, as a matter of routine and without any basis, conduct raids and interfere with the business of such establishments.Massage parlour and spa owners had come to the court complaining that they were being subjected to raids, on a regular basis, by officials of anti-vice squad of Chennai police. They said such raids and the frequent interference by police not only spoiled their business, but also project ed them in poor light. It also amounted to interference with their fundamental right to carry on a lawful business, they said.
The petitions heavily relied on Justice K Chandru's July 2009 judgment that “majoritarian impulses rooted in moralistic tradition cannot impinge upon individual autonomy”. The judge had, however, added a word of caution that there was no prohibition for police to inspect and take appropriate action in cases of criminal activities.
On Wednesday, Justice Ramasubramanian pointed out that the Chennai City Municipal Corporation Act, 1919 had a provision for seeking and granting permission for hairdressing, shaving salons or hair storing and packing, but not for beauty parlours, massage centres and spas.
2019/ ‘Parlours should abide by international laws’
Atul Mathur & Pankuri Yadav, Sep 18, 2019: The Times of India
A day after the south Delhi corporation issued a series of diktats to clamp down on spas and massage parlours, barring cross-gender massages and asking for CCTVS besides other things, it seemed to have developed cold feet. The leader of the house, Kamaljeet Sherawat, said that they didn’t intend to disrupt any legal activity and registered centres that “followed international guidelines” won’t be affected. “Such centres have trained staff and abide by international laws.”
Sources said the U-turn came after the Delhi BJP leadership expressed its unhappiness on the stand taken by the corporation without consulting senior party leaders. While several Delhi functionaries felt the new guidelines may lead to corruption in civic bodies, especially when the assembly elections in the capital are round the corner, some party leaders were apprehensive of the city’s image as a tourist-friendly destination being affected.
A BJP source said that several ‘strarred’ hotels which offer the spa facility to their guests had called up party leaders as well as the south corporation to get clarity on the issue. Confirming that the leadership had asked her about the orders, Sehrawat added that they had given her the goahead to do “whatever it takes to stop immoral activities” in the capital.
The standing committee of the corporation had directed its public health department to ensure that no crossgender massage took places at the city’s spas and massage parlours, CCTV cameras were installed at the entry gate, reception area and corridors and customer identity records were properly maintained. It had asked for a report to be submitted withing a week.
City BJP’s media in-charge Pratyush Kanth said the party did not want to disrupt any legal activity. “We will make sure that no rightful business is put to any kind of inconvenience,” he said. Meanwhile, the chief of the Delhi Commission for Women, Swati Maliwal, has summoned the commissioners of all three corporations for a meeting on September 20 to explain the steps they are taking to close down sex rackets in spas. She had earlier asked them and Delhi Police for a crackdown.
Over the past two weeks, many spas where illegal activities were being carried out were busted and four FIRs have been registered across the city. It was decided at a DCW meeting on Tuesday that the three MCDs would be taking proper steps and changing their licensing mechanism to ensure that such sex rackets do not operate.
Maliwal said that at present a licence for operating a spa is being given by the corporation through an online process without any checks. “It was decided that a separate licence shall now be issued after proper manual checks which shall include an NOC from the police commissioner as is being done by the Tamil Nadu government in Chennai,” she said.
A DCW official said they are seeking a complete ban on cross-gender massages as well as massages in bolted rooms and this should be the primary condition for licensing. “The timings of a spa should be from 10 am to 7 pm only and ID proofs of all customers should be collected,” the official said. Mandatory qualifications for the staff are to be specified.
The corporations will also be directed to examine ways to restrict the existence of several spas in one area, be it a mall, road or colony.
CCTVs hit right to relax: HC/ 2021
Kaushik Kannan, January 5, 2022: The Times of India
MADURAI: Installing CCTV cameras in all spas and massage parlours would infringe on the bodily autonomy of a person as well as his right to relax, said Madras high court, flagging a recent order of another single-judge bench, directing installation of functional CCTV cameras in all spas and massage parlours in Tamil Nadu.
Mere suspicion that immoral activities are taking place in massage centres cannot be reason enough to intrude into an individual's right to relax for it intrinsically is part and parcel of his fundamental right to privacy, said Justice G R Swaminathan.
Observing that a recent order of a judge directing installation CCTV cameras in all spas and massage parlours as being contrary to the Supreme Court's verdict on right to privacy, Justice Swaminathan took a different view and said: "In the first place, unless a legislature mandates by law that CCTV cameras ought to be installed in a certain space, to do so would violate Article 21. In this case, the notification issued by the government contemplates installation of CCTV cameras only at the entry and exit points. It consciously caveats that this would be without prejudice to the individual's privacy. Thus, the Executive, while enacting subordinate legislation, has been conscious of the privacy concerns of the citizens."
The judge further observed that a decision to install a CCTV camera, which has a bearing on a person's privacy requires the most careful of considerations-it requires the government to apply its mind prudently and determine what manner of regulations ought to be put in place for its proper use.
Cross-gender massages
Cross-gender massage does not mean sexual activity: HC/ 2021
Dec 4, 2021: The Times of India
New Delhi: Delhi High Court asked Delhi government to refrain from taking any action in connection with a ban on cross-gender massages in the city, observing that such services don’t simply indicate the existence of sexual activity. The remark was made by Justice Rekha Palli who was told by senior counsel Rahul Mehra, appearing for Delhi government, that the policy was framed after due deliberation to stop sexual activities at such centres.
The court, which was hearing a batch of petitions challenging the prohibition on cross-gender massages, was urged by the senior advocate to allow the policy, which has now taken the form of a guideline.
He asked the court to allow the policy to remain in force for some time and highlighted that cross-gender massages are not permitted at several places, including five-star hotels.
However, the judge observed, “Just because it is a cross-gender massage, doesn’t mean that it is sexual activity.” “You ask your people to hold their hands. I’m not saying that illegal activities you shouldn’t stop,” she added.
Delhi government counsel said that the authorities will only act against illegal activities. The court adjourned hearing on the petitions till later this month.
In September, one of the petitioners, Association of Wellness Ayurveda & Spa, had told the court 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. PTI
