Delhi HC Issues Notice To Police For Shutting Down Spa Despite Court Order

KEY TAKEAWAYS

On 3 February 2021, the Delhi High Court released a notification to Delhi Police on a petition filed by the operator of a spa-cum-wellness center claiming that the Delhi Police assaulted him and closed down his spa notwithstanding orders from the High Court for the operation of spas in Delhi.

In defiance of the High Court's clear order, a single-judge bench of Justice Najmi Waziri noted that the SHO Punjabi Bagh and the Head Constable were coercive in their actions, compelled the spa to close down, and the SHO went on to detain the spa manager.

The Judge gave a notice to the respondents and demanded a reply from them before the next hearing on 18 February.

FURTHER DETAILS & BRIEF BACKGROUND

The request was filed by the owner of a spa-cum-wellness facility. He has said that because of the epidemic lockdown, his spa was closed down and non-operational for several months.

In its ruling, the Court stated that, in compliance with the order of 14.01.2021 adopted by the Court in WPC No 7366/2020, the applicant was authorized to reopen and operate the spa.

In its order of 14.01.2021, the Court noted that the Court was of the viewpoint that a small difference in the quality of the facilities and a marginally higher percentage of the threat, owing to the vicinity of the customer and the service provider, could be prevented by implementing more stringent measures and precautions rather than by holding those facilities closed.

It is also not desirable to lose sight of the fact that most salons also have facilities close to those offered in spas. Therefore, there is a very slight distinction between the facilities offered in salons and spas. Both of these facilities require a reasonable period of time for service providers and customers to stay in close vicinity.

CONDITIONS IMPOSED BY THE COURT ORDER

Continued adherence with the provisions stipulated in the Office Memorandum of 18 November 2020 recommended by the MoHFW with regard to the spas identified above shall be ensured. In general, a gap of 6 feet between customers and employees is retained.

Taking into account the essence of the facilities offered in spas, all workers in such institutions are subject to quarterly RTPCR assessments, in particular for practitioners who are likely to be in direct interactions with customers.

Both therapists and other staff, as well as visitors, are liable to thermal temperature controls and are not allowed to access the facility if anyone shows any indications.

Face shields and masks must be worn by all care providers when delivering treatment. A PPE kit should also be worn in conjunction for procedures which are longer than thirty minutes.

Clients should ideally wear masks, given the essence of the facilities that are used, to the extent possible.

Both customers/visitors shall sign a statutory declaration to the effect that they have not contracted Covid-19 and have checked negative if they have. The establishments are obliged to take a signed consent form recognizing the risks to customers/visitors that could be associated.

It includes ensuring that hygienic standards are preserved in spas, and spas shall also comply with any other protections in place for hairdressers.

DO YOU THINK THAT THE ACT OF THE POLICE OFFICIALS WAS JUSTIFIED?! WAS IT REALLY NECESSARY? LET US KNOW YOUR OPINIONS IN THE COMMENTS BELOW!