Sh. Anuj Malhotra v. Govt of NCT of Delhi & Ors.

1. Present public interest petition has been filed seeking a direction to the Respondents to ban cross-gender massages in spas/massage centers. The Petitioner further prays for a direction to the Respondents to share the recordings of spas/massage centers with the Delhi Commission for Women on a regular basis.

2. Learned counsel for the Petitioner states that cross-gender massages are being carried out in various spas/massage centers in Delhi in violation of ‘Guidelines for Operation of Spas/Massage Centers in Delhi dated 18th August, 2021 issued by the GNCTD (herein after referred to as the “Guidelines”). He emphasizes that in accordance with clause 2(b) of the Guidelines, cross-gender massages are prohibited in spas/massage centers in Delhi. He further states that such massages are being provided in locked rooms in violation of clause 2(d) of the Guidelines. He avers that crossgender massages have led to operation and proliferation of illegal prostitution.

3. Learned counsel for the Petitioner states that the Petitioner has received no response to the various complaints/representations including representation dated 19th February, 2024 addressed to the SHO of Police Station-Karol Bagh, Delhi with respect to illegal operation of various spa parlours in Karol Bagh, New Delhi.

4. A perusal of the paper book reveals that a challenge to the validity of the said Guidelines issued by GNCTD by way of Notification dated 18th August, 2021 is pending consideration before a learned Single Judge of this Court. It is pertinent to mention that the learned Single Judge in W.P.(C) NO. 9627/2021and connected matters vide order dated 16th December, 2021 has observed as under:-

5. 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.

ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J APRIL 2, 2024