HC asks Delhi govt, MCD to file reply on details of spa centres

The court had also taken into account a large number of unlicenced spa centres in the city and had directed the municipal corporation and the Delhi police to inspect their respective area and take appropriate steps for the closure of those functioning without a valid licence.    

The Delhi High Court Tuesday asked the Delhi government and MCD to file replies in view of its previous order regarding details of spa centres in their jurisdictions.

The high court asked them to inform about the number of spa centres, how many of them have valid licences, and whether their business practices were legitimate.   Justice Yashwant Varma passed the order while hearing pleas challenging the ban on cross-gender massage services in the city which was earlier stayed by the high court.   “The Delhi government and MCD shall also file their responses bearing in mind the issues flagged in the April 5 order. List the matter on November 21,” the high court said.     It said the interim order of December 16, 2021, staying the prohibition on cross-gender massage will continue.     During the hearing, counsel for spa owners claimed before the court that they were being harassed by the police every day under the garb of inspecting their premises.

 The counsel claimed under the garb of conducting the inspection, an extortion racket was being run by the police and the Municipal Corporation of Delhi (MCD).     The advocates representing the Delhi government said they are adopting the counter affidavit filed by the State in one of the petitions.

 The lawyer for the MCD submitted that now the three municipal corporations have been unified, he will be filing a consolidated reply to the petitions.    

In its April 5 order, the high court had said though certain status reports have been filed by the three Municipal Corporations of Delhi-East, South, and North, there was no disclosure on the total number of spas operating in their respective areas and how many of them have valid licences.    

“The status reports fall short of explaining further whether the spa centers were conducting businesses as per law and not indulging in illegal activities. These disclosures need to be made by responsible officers of the corporations,” it had said.    

While staying the prohibition, the high court had earlier said there was no reasonable connection between the absolute ban and preventing prostitution at spas and had observed that a sudden prohibition would adversely affect those employed in the spa industry and opined that the “cure” has to be proportionate to the problem.