Have Formed 12-Member Panel To Issue Guidelines Regulating Spas, Massage Centres & 'Cross-Gender'... - Live Law - Indian Legal News

[Narsi Benwal]

The Bombay High Court was on Friday informed that the Maharashtra government has constituted a committee of 12 members to formulate guidelines for regulating the operations of spas, massage centres, therapy and wellness centres across the State including 'cross-gender' massages.

A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale was informed that the State has issued a Government Resolution (GR) on Friday (March 21) itself, notifying a committee of 12 members headed by the Additional Chief Secretary of the Home Department.

Advocate General Dr Birendra Saraf told the judges that the other 11 members of the committee will comprise of -

• Additional Chief Secretary, Urban Development Department
• Principal Secretary, Rural Development Department
• Secretary I, Public Health Department
• Secretary II, Public Health Department
• Secretary, Medical Education & Drugs Department
• Principal Secretary (Law), Law and Justice Department
• Commissioner, Health Services, Mumbai
• Commissioner, Medical Education & Research, Mumbai
• Special or Deputy Inspector General
• Director, Health Services
• Director, Medical Education & Research, Mumbai
• Director, Directorate of AYUSH

The GR also states that the Committee will also be framing guidelines on the issue of 'cross-gender' massages, a provision which was stayed by the Delhi High Court, after the guidelines on spa centres were challenged before the HC there.

Notably, AG Saraf had in a hearing held on January 24, had clarified that 'cross gender massages' will not be an issue in Maharashtra.

"Cross gender massage, I personally do not think can be an issue in today's time. I am sure that such a clause will not have any problem. I can say that if the State asks me, I will ensure that this (Cross-gender massage) is not made an issue," the AG had submitted.

Taking note of the GR, Justice Mohite-Dere asked AG Saraf to include some masseurs or spa professionals, and other stake holders.

"This will be helpful in understanding the issues they face. So include some of them," Justice Mohite-Dere told the AG.

Weighing in, Justice Gokhale remarked, "Also ensure that there are women in the committee."

To this, AG Saraf told the bench that the Principal Secretary of the Law & Justice Department, is a woman but assured the court that he would ask the authorities to bring more women on the panel.

The bench therefore, granted eight weeks time to this Committee to formulate a policy with a direction to submit its policy by June, to the court.

Background:

The bench was hearing a petition filed by 11 therapists, aggrieved by the action of the police in raiding their premises and initiating action against them under the provisions of the Immoral Traffic (Prevention) Act, 1956. The petitioners highlighted the fact that they were being harassed and humiliated by the police and its Instrumentalities, which has been creating a hindrance for them to practice their profession and it has also been affecting their dignity. They contended that their 'right to livelihood', 'right to dignity' and 'right to equality' are being breached by this 'indiscriminate' action by the police.

Advocate Yadunath Bhargavan assisted by Advocate Hetvi Savla appeared for the petitioners.