High Court Halts Delhi Government's Ban On Cross-Gender Massages Services

The petitioner had claimed that every industry has "some bad apples, but that does not mean that every spa centre across the state is running a prostitution and human trafficking racket".

The Delhi High Court today stayed the prohibition on cross-gender massage services in the city, saying there was no reasonable connection between the absolute ban and preventing prostitution at spas.

Justice Rekha Palli, who was hearing petitions challenging the ban, 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.

"I am of the prima facie view that this kind of an absolute ban on cross-gender massage cannot be said to have any reasonable connection with the aim of the policy, which is to regulate the functioning of the spas and ensure that no illegal trafficking or prostitution takes place in the city," the judge stated.

"I must laud the state for taking up this issue. But the point is, ultimately the cure also has to match... there has to be a way of doing anything. Because there is a problem, because you found that spas are running like this..(as Delhi government counsel said) like prostitution rackets, it cannot mean that you would close them or put such a condition that would affect the livelihood of a lot of people and that too suddenly," she added.