Is cross gender massage and running spa is legal in india
Prathap reddy
(Querist) 27 August 2016
This query is : Resolved
Hi , I got a call from one of my client saying that local police are forcing him not to Offer cross gender massage in the spa at Bangalore , he got licence to run spa and salon in the premises also .
But how and why police can question him when he is running it professionally ? Pls refer me any judgements favouring this
Kumar Doab
(Expert) 27 August 2016
It is professional query.
Discuss with able counsel in person.
adv.bharat @ PUNE
(Expert) 27 August 2016
It is professional query.
Discuss with able counsel in person.
Guest
(Expert) 27 August 2016
I honestly don't remember Title of Judgement of one Bombay High Court Judgement regarding same.
But brief facts and background I remember
This Cross gender massage center are accused of running prostitution in their center.
After Ban on Dance Bar in Maharashtra entire this massage center mushroomed and they indeed to some extent did Prostitution business .
So this all cross gender massage center Banning some people demanded.
As per my memory suggest they failed to prove that all Cross gender massage center are in flesh trade.
Now question again arose that if few massage center were involve in this fresh trade then banning all cross gender was wrong.
But at least in my town and Mumbai suburb it is presumed that this Cross Gender massage center are involve in flesh trade and police station too knows that matter which is genuine and which do this business.
At same time flesh trade is among few trade which is oldest and can never end
That's different matter
-------------------------------
This License to run spa and saloon in my reading must be some state law , Kindly check state law regarding same.
Guest
(Expert) 27 August 2016
Solution will be make separate business Gender wise , one for male and one for female and keep wall or partition and also different name for shop.
Ms.Usha Kapoor
(Expert) 28 August 2016
cross gender massage spas are not illegal or immoral as they re beneficial to health according to many Supreme court and High Court rulings.They are perfectly legal under Indian Law.
R.K Nanda
(Expert) 28 August 2016
Contact local lawyer.
Rajendra K Goyal
(Expert) 28 August 2016
Professional query, obtain professional help.
P. Venu
(Expert) 28 August 2016
The query requires professional consultation.
Prathap reddy
(Querist) 28 August 2016
Thanks to one and all for ur valuable suggestions and advice inputs regarding my query
Prathap reddy
(Querist) 28 August 2016
Madam Usha Kapoor , thank u for ur valuable information , can u pls give me one sitation of Supreme Court Pls ?
Prathap reddy
(Querist) 28 August 2016
Thank u mr Madhu sir for valuable information
Ms.Usha Kapoor
(Expert) 28 August 2016
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Cops can't interfere with spa activities: HC
A Subramani | TNN | Aug 1, 2009, 01.01 AM IST
CHENNAI: Seeking to put an end to police raids and searches on health spas that also offer "cross massage" -- the massage done by persons belonging to the opposite sex -- the Madras high court has ruled that the city police do not have any legal right to interfere with such activities.
Justice K Chandru, placing health spas virtually beyond the reach of the city police, pointed out that as on date the regulatory provisions of the Madras City Police Act 1888 talked only about licensing procedures for hotels and lodges, and there was no reference to spa "with massages done by persons belonging to other sex."
The judge said: "Police as on date has no legal right to prevent a health spa being operated by any citizen of this country, even if it (massage) is done by persons belonging to the opposite sex. As pointed out by the Supreme Court, majoritarian impulses rooted in moralistic tradition cannot impinge upon individual autonomy... In the absence of a law, the only argument of the state was based upon moral and ethical grounds."
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Relying on legal precedents, the judge said the Supreme Court and several high courts had on occasions interfered with police powers to prohibit dance shows in restaurants, video parlours running video games for youth and children, and women serving liquor in bars.
Justice Chandru, however, added that the police can inspect and take appropriate action in accordance with law in cases of any criminal activities prohibited by the law.
The matter relates to an application filed by Influence Lifestyle Stores Private Limited seeking to restrain the city police from interfering with its business. The spa owner said that running an health spa, where cross massages are done by the opposite sex, is a worldwide phenomenon and there is no legal prohibition. Pointing out that even a leading hospital in the city had a spa, he said the health packages included massage therapy and they had recruited trained therapists from both sexes.
Opposing the plea, the Chennai city police commissioner filed a counter, stating that it was only a ruse to carry on immoral activities. Any form of body massage in the name of health spa is not at all permissible, he said, adding that the spa would attract men of questionable character and anti-social elements.
Justice Chandru, rejecting the submissions, said the government was unable to bring to notice any specific legal provision under the Madras City Police Act 1888 which obliges a spa centre to be licensed by the police commissioner.
Ms.Usha Kapoor
(Expert) 28 August 2016
the above Judgement of Chennai Highcourt was reported In Times of India august 1 2009 edition.In this judgement you can find referees to Supreme court Judgements also on held cross gender massage spas being healthy and should be permitted unless obscene.
Raj Kumar Makkad
(Expert) 29 August 2016
As your client is license-holder, he should duly reply to the police authorities in the light of the judgments as cited by Hon'ble experts.
Prathap reddy
(Querist) 17 September 2016
Thanks a lot madam Usha Kapoor , for ur valuable advices with citations , am at Bangalore city , u can approach me on 8971444599 , for any assistance in Bangalore city / courts , thanking u madam
Prathap reddy
Prathap reddy
(Querist) 17 September 2016
Thanks a lot madam Usha Kapoor , for ur valuable advices with citations , am at Bangalore city , u can approach me on 8971444599 , for any assistance in Bangalore city / courts , thanking u madam
Prathap reddy
Prathap reddy
(Querist) 29 October 2016
Thanks a lot mr Raj Kumar makkad for ur valuable advices
G D Srinivas
(Expert) 10 September 2019
In Karnataka Since 2007 Massaging and SPA Centres Comes under the different Provison and ACT . Police Do not have Right or Authority to take or question about Massage Parlour or SPA activies . Contact me For more Details 9844256470 or 7019215236.
