Last week, the Maharashtra Government informed the Bombay High Court that it has no objections to allowing 'cross-gender massages' in spa centers across the State.

Additionally, the government stated that it will soon introduce guidelines to regulate the operations of spas, massage centers, and therapy and wellness centers.

A division bench of Justices Revati Mohite-Dere and Dr. Neela Gokhale was hearing a petition filed by 11 therapists who were aggrieved by the police's actions in raiding their premises and taking action against them under the Immoral Traffic (Prevention) Act, 1956.

The petitioners emphasized that they were being harassed and humiliated by the police and its agencies, which has hindered their ability to practice their profession and has also affected their dignity. They argued that their 'right to livelihood,' 'right to dignity,' and 'right to equality' were being violated by the police's 'indiscriminate' actions.

When the matter was called on Friday, January 24, the judges sought to know the State government's position on the issue.

"Mr Advocate General, this has to stop somewhere... Police unnecessarily harasses these people...," Justice Mohite-Dere, orally remarked.

In response, Advocate General Dr. Birendra Saraf, representing the State government, informed the bench that the police typically intervenes only after receiving complaints from neighbors or others, which cannot be disregarded.

"Let there be guidelines so that police can weed out unnecessary harassment," the bench said, while noting that one of the main prayers in the petition is to formulate guidelines.

Agreeing with the bench's suggestion, AG Saraf assured the judges that the State would soon formulate guidelines and requested time for the same.

During the discussion, Advocate Yadunath Bhargavan, along with Advocate Hetvi Savla, informed the bench that the Delhi Government had already implemented such guidelines to ensure the smooth operation of spa and massage centers in the Union Territory.

"Only a clause which permits cross-gender massages is challenged before the Delhi High Court, which has stayed only that particular clause. Hope in our State this would not be an issue," Bhargavan submitted.

Weighing in, AG Saraf, said, "Cross gender massage, I personally do not think can be an issue in todays time. I am sure that such a clause will not have any problem. I can say that if the State asks me, I will ensure that this (Cross-gender massage) is not made an issue."

The judges, while 'appreciating' Saraf's statement, granted the State six weeks to formulate comprehensive guidelines for the operation of spa and massage centers, as well as therapist and wellness centers.