Continuation of embargo unjustified: Delhi High Court allows reopening of spas, wellness clinics

The Delhi High Court has permitted the reopening of spas, wellness clinics and similar establishments in the national capital subject to observation of several COVID-19 precautions (Sukaita vs GNCTD). .A single-judge Bench of Justice Prathiba M Singh noted that while salons have been allowed to reopen, embargo on spas had not been lifted by the government though the difference between the services provided in salons and spas is very minimal. ."While allowing the opening of salons, continuing the embargo on spas would be violative of the rights of these establishments and their employees. While this Court is conscious of the importance of prescribing strict safeguards that ought to be taken by establishments providing spa services as also the clients who visit these establishments, the continuation of the embargo on reopening of spas is unjustified," the Court ruled. ...the continuation of the embargo on reopening of spas is unjustified.Delhi High Court. .The Court, however, made it clear that all spas and similar establishments shall strictly adhere to the guidelines specified by the Central government. ."6 feet distance shall be in general maintained between clients and employees. Insofar as the service providers i.e., therapists etc., are concerned, they shall maintain all standards of hygiene, masking etc., as set out below," the Court said. .It also directed that all employees in such establishments should undergo fortnightly RT-PCR test and service providers shall wear face shields and masks while providing therapy..For treatments which are longer than thirty minutes, a PPE kit should also be worn in addition, the Court mandated. .Other COVID-19 safety precautions such a thermal screening, sanitisation, signing of declaration forms etc have also been prescribed. .The order was passed in a petition by Association of Wellness Ayurveda and Spa providers in Delhi and technical workers who run spas in Delhi..It was the petitoner's grievance that after the lockdown in March 2020 on account of COVID-19, while various other establishments such as salons were permitted to re-open and commence businesses, no such order was passed for spas. .The petitioners contended that the embargo on the reopening of spas under Delhi Disaster Management Authority order of June 2020 was completely discriminatory. .After perusing the Delhi government's affidavit, the Court noted that the only reason given for not opening spas was the longer duration of proximity with the client..The Court observed that while the spread of COVID-19 was the main factor to be considered, it had to be balanced with the interest of reopening of businesses and establishments to bring back a semblance of normalcy. .These establishments provide direct and indirect employment to a large number of employees and their businesses have come to a standstill since the outbreak of the pandemic, the Court said. .Further, the Court noted that salons, which offer similar services, were opened months ago in June 2020 subject to such observation of the standard operating procedure prescribed by the Central government. .The Court observed that the both salon and spas required service providers and service takers to remain in close proximity for a sufficient duration.."The slight difference in the nature of services and a slightly higher percentage of risk due to the proximity of the client and the service provider can be obviated by prescribing stricter measures and safeguards rather than continuing to keep such establishments closed," it opined. .Accordingly, the Court permitted reopening of spas, wellness clinics and similar establishments in the national capital subject to conditions with respect to safety protocols. .The Petitioners were represented by Senior Advocate Sachin Dutta along with advocates Lal Singh, Sudhir Tewatia, Swastik Singh, Himanshu Dagar, Mukesh Sharma and Randhir Kr. Lal. .Delhi government was represented by Additional Standing Counsel, Anjum Javed and Anupam Srivastava. .Standing Counsel Anjana Gosain with advocates Shalini Nair, Aditi Amitabh appeared for Centre. .[Read Order]