Cross-gender massage doesn't mean sexual activity: HC tells Delhi govt

The Delhi High Court Friday asked the Delhi government to refrain from taking any action in connection with a ban on cross-gender massages in the city, observing that such services dont simply indicate the existence of sexual activity.The remark was made by Justice Rekha Palli who was told by Senior counsel Rahul Mehra, appearing for the Delhi government, that the policy was framed after due deliberation to stop sexual activities at such centres.

The Delhi High Court Friday asked the Delhi government to refrain from taking any action in connection with a ban on cross-gender massages in the city, observing that such services don't simply indicate the existence of sexual activity.

The remark was made by Justice Rekha Palli who was told by Senior counsel Rahul Mehra, appearing for the Delhi government, that the policy was framed after due deliberation to stop sexual activities at such centres. The court, which was hearing a batch of petitions challenging the prohibition on cross-gender massages, was urged by the senior advocate to allow the policy, which has now taken the form of a guideline.

He asked the court to allow the policy to remain in force for some time and highlighted that cross-gender massages are not permitted at several places including five-star hotels. However, the judge observed, "Just because it is a cross-gender massage, doesn't mean that it is sexual activity." "You ask your people to hold their hands. I'm not saying that illegal activities you shouldn't stop," she added. Delhi government counsel said that the authorities will only act against illegal activities. The court adjourned hearing on the petitions till later this month. In September, one of the petitioners, Association of Wellness Ayurveda & Spa had told the court that the ban on cross-gender massages was unconstitutional for being in violation of Article 19(1)(g) of the Constitution and assuming prostitution to be only in the "heterosexual domain" is illogical.

In its petition filed through lawyers Indu Kaul and Mani Kaul, the petitioner had claimed that every industry has "some bad apples but that doesn't mean that every spa centre across the state is running prostitution and human trafficking racket." It had asserted that spa centres spend a "huge amount on training and skill up-gradation" of their massage therapists and the structure of their functioning cannot be altered after the trade licence has been issued by the authorities.

It had also submitted that there are several places where men and women work together, like gyms and yoga centres, and singling out spas was not reasonable and that cross-gender treatment was "part of the traditional massage practices". PTI ADS RKS RKS

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