Delhi High Court Dismisses PIL To Ban Cross Gender Massages In Spas

The Delhi High Court has dismissed a public interest litigation seeking a direction on the Delhi Government to ban cross-gender massages in spas or massage centres in the national capital.

A division bench comprising of Acting Chief Justice Manmohan and Justice Manmeet Singh Arora said that a single judge is already seized of the controversy and thus the PIL cannot be entertained.

The bench rejected the PIL moved by one Anuj Malhotra which also sought a direction on the Delhi Government to share the recordings of spas or massage centers with the Delhi Commission for Women on a regular basis.

Malhotra's counsel submitted that cross-gender massages were being carried out in various spas and massage centers in the national capital which was in violation of “Guidelines for Operation of Spas/Massage Centers in Delhi” issued by the Delhi Government in 2021.

The counsel stated that such massages were being provided in locked rooms in violation of the Guidelines. He further contended that cross- gender massages led to operation and proliferation of illegal prostitution.

The bench noted that challenge to the validity of the said Guidelines is pending consideration before a Single Judge.

“Since 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,” the court said.

Counsel for Petitioner: Mr. Kunal Madan, Mr. Shyam Babu and Mr. Rahul Matharu, Advocates

Counsel for Respondents: Mr. Satyakam, ASC for GNCTD

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

Citation: 2024 LiveLaw (Del) 403

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