Immoral Trafficking Cases Rising In Chandigarh, Consider Framing Guidelines For Spas, Massage Parlours: Punjab & Haryana HC To Authorities

Observing that cases under the Immoral Trafficking Act are rising in Chandigarh, the Punjab & Haryana High Court has suggested that the authorities should contemplate formulating guidelines for the operation of spa/massage centers, similar to those framed by the Delhi Government.

The bench of Justice Mahabir Singh Sindhu said, “Keeping in view the fact that cases under the Act (Immoral Trafficking Act) are growing in U.T. Chandigarh; therefore, in order to curb this menace, there would be no harm if the authorities may think about the similar guidelines (GNCT of Delhi’s guideline on operation of Spa/massage centres) for the City Beautiful.”

The judge said, it is necessary to observe that as per the information supplied by counsel for the Union Territory, there are total 71 Spa Centres being run in the U.T. Chandigarh. Adding that from 2018 uptil now, 16 cases have been registered under the Act, including 05 cases during 2023, the bench said, “Despite that, there are no rules/regulations/guidelines for operating such Spa centres in the U.T. Chandigarh.”

These observations were made while hearing the pre-arrest plea of Nagaraj, the alleged owner of a spa centre in Chandigarh who was accused of running a brothel in the name of ‘Ganga spa.’

Nagaraj along with other accused was booked under Section 3, 4, 5, 6, 7 of Immoral Prevention Trafficking Act 1956 and Section 370, 120B IPC. It was stated in the FIR that upon raiding by police, it was found that men were caught with girls in objectionable naked condition inside the rooms of the Spa.

More girls were found inside the ‘staff room’ and four persons were arrested from the spot, namely, Gaurav and Kimlia @ Shally, Manager & Supervisor, respectively, along with aforesaid 02 Clients i.e. Deepak and Vijay, the FIR stated.

It was alleged that the rescued girls stated that they were brought from Jalandhar by the petitioner for doing body massage, but later enticed into prostitution.

Counsel for the petitioner contended that search was illegal, as no one from the locality was associated. Rejecting this argument, the Court said, “it is liable to be rejected in view of the fact that Women Helpline team was associated at the time of search. Therefore, there is sufficient compliance of the provisions of Section 15 of the Act by the Special Police Officer.” Moreover, it would be a matter of trial after leading evidence by both sides, it added.

Also noteworthy that permission to arrest by co-accused Kimlia @ Shally was sought from the Magistrate and which was duly granted, the Court said.

The Court noted that “During investigation, aforesaid Kimlia @ Shally, Supervisor, has revealed that that it is the petitioner who is running the illegal activities while alluring the innocent girls.”

Rejecting the anticipatory bail plea of the accused, the Court opined that "allegations against the petitioner are serious in nature and his custodial interrogation would be necessary, to find out the true facts and modus operandi for all these activities.”

Justice Sindhu perused the guidelines for operation of Spa and massage centre issued by GNCT of Delhi and said, in order to curd the menace of Immoral Trafficking, “there would be no harm if the authorities may think about the similar guidelines.”

Case Title: Nagaraj T @ Charles v. State of U.T. Chandigarh

Appearance: Shakti Mehta, Advocate, for the petitioner.

A.M. Punchhi, P.P. U.T.Chandigarh.

Citation: 2023 LiveLaw (PH) 140

Click here to read/ download the order.