Munmun Kaur-
Published On: December 17, 2021 at 10:00 IST
Delhi High Court stayed Delhi Government’s Ban on cross-gender massage services in the city. Justice Rekha Palli, hearing the matter observed that a sudden Ban would adversely affect those employed in the industry, keeping in mind those who have trained for this for years.
Also, the cure needs to be proportionate to the problem. She also said that there was no reasonable connection between an absolute Ban and preventing the menace of Prostitution.
Petitions were recently filed to challenge the State Government’s policy guidelines banning cross-gender massages and the consequent directions by Municipal Corporations.
Senior advocate Rahul Mehra, appearing for the Delhi Government argued in favor of the policy that it was implicated after due deliberation and aims to protect women and children from the menace of Prostitution. He also pointed out that the ban was in the larger public interest and that should prevail for individual rights.
He further spoke that a recommendation was received from Delhi Commission for Women (DCW) which after extensive research came to the conclusion that these spa centers virtually run as Prostitution centers. Also, besides there being FIRs against the Petitioners, there were obnoxious advertisements indicating the presence of illegal activities.
The Court, acknowledging a large number of unlicensed spas in the city directed three Municipal Corporations and Police to search their respective areas for such unlicensed spas and take appropriate action to shut them down. Court also directed that in case any illegality is discovered during the inspection, the Police are to register appropriate cases and pass on the information to the MCs.
Meanwhile, a Petitioner claimed that every industry has bad apples and that does not mean that every spa is running trafficking and prostitution racket.
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