The Delhi High Court recently dismissed a public interest litigation (PIL) petition seeking directions to ban cross-gender massages in spas and massage centres in Delhi [Sh Anuj Malhotra v Govt of NCT of Dellhi & Ors].

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora dismissed the plea after noting that a single-judge of the High Court is already seized of the matter challenging the validity of the Guidelines for Operation of Spas/Massage Centers in Delhi issued in August 2021.

“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 ordered.

The PIL was filed by one Anuj Malhotra seeking directions to ban cross-gender massages.

He also said that video recordings of the spa/massage centres should be shared with Delhi Commission for Women (DCW) on a regular basis.

It was argued that cross-gender massages are being carried out in various spas/massage centres in violation of Guidelines for Operation of Spas/Massage Centres in Delhi

The Court was told that such massages are being provided in locked rooms in violation of clause 2(d) of the Guidelines and it has led to operation and proliferation of illegal prostitution.

After examining the details, the Court noted that validity of these guidelines is already pending consideration before single-judge and the operation of clause 2(d) which bans cross-gender massages has already been stayed.

The Court, therefore, rejected the PIL.

Advocates Kunal Madan, Shyam Babu and Rahul Matharu appeared for petitioner Anuj Malhotra.

Delhi government was represented through its Additional Standing Counsel (ASC) Satyakam.

[Read Judgment]