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Case Title: SH. ANUJ MALHOTRA VERSUS GOVT OF NCT OF DELHI & ORS.

Case No: W.P.(C) 4735/2024 

Decided on: 02nd April, 2024

Quorum: HON’BLE THE ACTING CHIEF JUSTICE -HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

Facts of the case

The current public interest petition was sent to the respondents, requesting that they forbid cross-gender massages in spas and massage parlors. The Petitioner also asks for guidance on how the Respondents should distribute the regular recordings of massage parlors and spas with the Delhi Commission for Women.

Petitioner Contentions

The petitioner’s learned attorney claims that cross-gender massages are being performed in Delhi’s spas and massage parlors, defying the 18th-century “Guidelines for Operation of Spas/Massage Centers in Delhi. “Released in August 2021 by the GNCTD (henceforth referred to as the “Guidelines”). He highlights that cross-gender massages are not permitted in Delhi’s spas or massage parlors, as per clause 2(b) of the Guidelines. He goes on to say that this type of massage is being given in locked rooms, which is against Guideline 2(d). He claims that the operation and growth of illicit prostitution are directly related to cross-gender massages. The petitioner’s knowledgeable attorney claims that the petitioner has not heard back on any of the complaints or representations, including one dated February 19, 2024, that was delivered to the Chief of Police, Police Station, Karol Bagh, Delhi, on the illicit operation of several spas in Karol Bagh, New Delhi.

Case analysis and Judgement

The court noted that it cannot turn a blind eye, therefore, all the three Corporations and the Delhi Police will carry out inspections in their respective areas within one week from today and take the necessary steps to ensure that no Spa is permitted to run without a valid license. The Delhi Police have also been directed to inspect all the licensed spas and take steps for registration of cases against them in case any illegal activity is found to be carried out in these Spas. Immediate information about any such illegality also will be provided to the respective corporation so that appropriate steps for suspension/cancellation of their licenses can be taken in accordance with law. A report, containing details of the steps taken in this regard be filed before this court within two weeks by the respective commissioners of three corporations as also by the Commissioner of Delhi Police. The learned Single Judge is already seized of the controversy, this court is of the view that the present public interest cannot be entertained. Accordingly, the present petition is dismissed.

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Judgement Analysis Written by – K. Immey Grace