Delhi High Court To Hear Plea Challenging Delhi Govt's Guidelines Banning Cross Gender Spa & Massage Services On September 20

The Delhi High Court will hear on September 20 a plea challenging guidelines issued by the Delhi Government banning cross gender spa and massage services in the national capital.

Justice Rekha Palli, who refused to issue notice on the plea on Monday, asked the petitioner (Association of Wellness Ayurveda & Spa) to file an affidavit stating the action taken by the Delhi Government in view of the impugned guidelines.

Advocate Satyakam appearing for the Delhi Government, on the other hand, submitted that the said guidelines were only an internal document and the same are yet to be notified or implemented.

Moved by Advocates Indu Kaul, Mani Kaul and Vikram Kaul, the plea states that the petitioner Association is aggrieved by the arbitrary, discriminatory, unlawful and discriminatory treatment of the concerned authorities towards spa centres across the national capital.

"The Spa centers across Delhi are regularly being harassed by Respondents for operating cross gender spas and are being forced to renovate the entire structure to accommodate different parts for male and female clients though there are no guidelines issued by Respondent No. 1 till date. However, now allegedly a new set of guidelines is being circulated among the spa owners across Delhi," the plea reads.

The plea 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.

"That every industry, workplace and businesses have some bad apples but it doesn't mean that every spa center across the state is running prostitution and human trafficking racket. It is further submitted that if any spa center is running such racket pr illegl activities are found then strict action should be taken against them. It is further submitted that media houses through their ill-researched articles have blindly labcled spa centers as some sort of prostitution hubs/brothels," the plea states.

It adds:

"The newspaper articles annexed with this petition clearly show that media has sensationalized the issue of prostitution in spa centers as if they are some sort of norm and happening acróss all the spa centers and also moreover published articles without cross verifying existence of new guidelines without even questioning the Respondent No.1. Thus, can such an act be termed as an act done by an institution which is termed as one of the pillars of democracy?"

The plea also submits 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.

Title: Association of Wellness Ayurveda & Spa v. GNCTD & Ors.