The Delhi High Court has recently rejected a public interest litigation that aimed to compel the Government to ban cross-gender massages in spas and massage centers.

“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”, a bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora held. 

Anuj Malhotra filed a public interest litigation urging the Government to enforce a ban on cross-gender massages in spas and massage centers. He also petitioned for the Government to provide regular recordings of these establishments to the Delhi Commission for Women.

Advocate Kunal Madan, representing Malhotra, emphasized that cross-gender massages were being conducted in numerous spas and massage centers across Delhi, in direct violation of the 'Guidelines for Operation of Spas/Massage Centers in Delhi' issued by the Delhi Government in 2021. He highlighted that according to clause 2(b) of the guidelines, cross-gender massages were explicitly prohibited in these establishments. Additionally, he pointed out that such massages were being conducted in secluded rooms, contrary to clause 2(d) of the guidelines, and argued that they were facilitating the illegal sex trade.

Advocate Kunal Madan further noted that despite numerous complaints and representations, including one dated February 19, 2024, concerning the illicit activities of spa parlors in Karol Bagh, no response was forthcoming.

Upon reviewing the documents, the Court noted that a challenge to the validity of the aforementioned guidelines was already under consideration before the single judge bench of the high court. Consequently, the division bench disposed of the petition.

Case Title: Sh. Anuj Malhotra v Govt Of Nct Of Delhi & Ors. (2024:DHC:2699-DB)