'Reflects Narrow Mindset': Delhi Municipal Corporations' New Policy Banning "Cross-Gender Massages" Challenged In High Court

The Delhi High Court will hear on November 9 a fresh plea challenging the new license policy issued by the East and South Delhi Municipal Corporations, banning cross-gender massages.

Justice Sanjeev Sachdeva, before whom the petition was listed yesterday, directed that the same be heard by Justice Rekha Palli who is already seized of a similar petition challenging guidelines issued by the Delhi Government banning cross-gender spa and massage services in the national capital.

Moved by five professional therapists, through Advocate Srilina Roy, the petition also impugns the guidelines issued by the Delhi Government banning the cross gender massages.

"That banning cross gender massaging will not guarantee stopping of illegal activities in the national capital, with the gay and lesbian community on the rise, sexual favours are no longer a heterosexual domain, hence these may continue even in a same gender scenario," the plea states.

It further states that the police has no legal right to prevent a health spa being operated by anyone, even if the therapy is done by persons of one sex to those belonging to the opposite sex.

"Unfortunately, this reflect narrow minded approach of the Respondent authority/Government and abuse of power. The Colonial mindset of Respondents No.1 to 3 is reflected through the impugned new guidelines which also ban providing spa and massage services behind locked doors, this is horrible as it will give license to the police and municipal officers to barge into the therapy room and outrage the modesty of women. This will destroy the reputation and safety of many professional therapists in the capital," it adds.

During the course of hearing, Advocate Davesh Vashishtha representing the petitioners submitted before the Court that while the Court was seized of the challenge to the Delhi Government's guidelines, the same was implemented by SDMC and EDMC after getting the approval of LG.

On the other hand, Advocate Shadaan Farasat appearing for the Delhi Government submitted that the petition was in the nature of a public interest litigation and questioned if the petitioner counsel could show any instance where action was taken against him.

"Even if he is either running a spa or taking the massage, in both ways he can file the petition," remarked Justice Sachdeva.

However, in view of the fact that a similar petition is already pending before a different bench, the Court said that the petition be also listed on the next date of hearing subject to orders of the Chief Justice.

The plea, pending before Justice Palli, states that the authorities have closed two spa centres in the national capital on the basis of "imaginary guidelines" for engaging in cross gender spa and massages.

It has also been alleged that other spa centres are being threatened by the authorities in a similar way.

It also states that cross gender treatment has been part of traditional massage practices along with other medical treatments like psychotherapy and substances abuse treatment where also cross gender proximity is prevalent.