Rising Immoral Trafficking cases: Punjab and Haryana High Court calls for norms to run spa centres in Chandigarh

Saurabh Malik

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Chandigarh, August 14

Taking cognisance of an increase in the number of cases in the city under the provisions of the Immoral Traffic (Prevention) Act, the Punjab and Haryana High Court has called for formulation of comprehensive guidelines for the operation of spa/massage centres in Chandigarh.

As per the information supplied by counsel for the Union Territory, there are total 71 spa centres being run in the UT Chandigarh. From 2018 till now, 16 cases have been registered under the Act, including five cases during 2023. Despite that, there are no rules/ regulations/ guidelines for operating such spa centres in the UT of Chandigarh. Justice Mahabir Singh Sindhu

The direction came as Justice Mahabir Singh Sindhu took note of the lack of regulations governing the operation of spa centres in Chandigarh, following information provided by the UT counsel revealing that 71 such centres are operating in the city.

Justice Sindhu observed 16 cases had been registered under the Act from 2018 till now, including five this year. “Despite that, there are no rules, regulations or guidelines for operating such spa centres in the UT of Chandigarh,” observed Justice Sindhu.

Comparing the situation with the neighbouring region, Justice Sindhu noted that the Government of the National Capital Territory of Delhi had formulated comprehensive guidelines for the operation of spa/massage centres in the national capital. These guidelines, covering various aspects such as facility management, employee qualifications and customer safety, are aimed at ensuring a regulated and safe environment for customers while curbing any potential illicit activity. The Delhi guidelines include provisions that mandate separate sections for men and women customers clearly demarcated with separate entry without interconnection, prohibition on engaging in any form of sexual activity on the premises, mandatory provision for production of identification cards by customers, and the establishment of an internal complaint committee at the centres with more than 10 employees to address sexual harassment concerns. The guidelines also make it clear that cross-gender massage will not be allowed in the spa/massage centres. Providing services behind locked doors has also been prohibited. Besides this, there will be no latchets and bolts inside the centre doors. The centres can remain open only between 9 am and 9 pm, with proper lighting facilities in each room or enclosure.

“Keeping in view the fact that cases under the Act are growing in Chandigarh, in order to curb this menace, there will be no harm if the authorities may think about the similar guidelines for the City Beautiful. Ordered accordingly,” Justice Sindhu concluded.

The Bench was hearing a petition for grant of pre-arrest bail in an FIR registered on July 12 under the provisions of the Immoral Traffic (Prevention) Act and the Indian Penal Code at Sector 36 police station.

The UT counsel had contended that the petitioner was running a spa from a leased property, where illegal activities of prostitution were going on. After hearing rival contentions, Justice Sindhu dismissed the plea. The court order underscores the need for a comprehensive regulatory framework to govern the operation of spa centres in Chandigarh, with the objective of ensuring the safety, well-being and legality of operations. As cases under the Immoral Traffic (Prevention) Act continue to rise, these proposed guidelines could serve as a valuable tool in combating unlawful activities and promoting a more secure atmosphere within the spa industry in the city.