The Maharashtra government has taken a significant step in regulating spas, massage centres, and wellness therapy centres across the state. On Friday, the Bombay High Court was informed that a 12-member committee has been formed to create guidelines for these establishments, including the regulation of cross-gender massages.
A division bench comprising Justices Revati Mohite-Dere and Dr Neela Gokhale was informed that the state issued a Government Resolution (GR) on March 21, officially announcing the formation of this committee. The panel will be headed by the Additional Chief Secretary of the Home Department and will have 11 other key officials as members.
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Members of the Committee:
The committee includes representatives from various government departments to ensure a well-rounded approach to formulating regulations. The members include:
- 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 specifies that the committee will also focus on the issue of cross-gender massages. Previously, similar guidelines in Delhi were challenged, leading the Delhi High Court to stay the provisions related to cross-gender massages. However, in a hearing on January 24, Advocate General (AG) Dr Birendra Saraf clarified that Maharashtra does not view cross-gender massages as a problem.
AG's Statement:
"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," said AG Saraf.
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Court’s Recommendations:
While taking note of the GR, Justice Mohite-Dere suggested that the committee should include professionals from the spa and massage industry to ensure that their concerns are addressed.
"This will be helpful in understanding the issues they face. So include some of them," remarked Justice Mohite-Dere.
Justice Gokhale further emphasized the importance of gender representation within the committee.
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"Also ensure that there are women in the committee," she added.
In response, AG Saraf assured the court that the Principal Secretary of the Law & Justice Department, who is a woman, is already a member. However, he agreed to discuss adding more women to the panel to ensure better representation.
The bench granted the committee eight weeks to draft the policy and submit it to the court by June. This policy will serve as the foundation for regulating the functioning of spas, massage centres, and wellness establishments in Maharashtra.
Background of the Case:
The High Court was hearing a petition filed by 11 therapists who challenged the police actions against them. They alleged that police raids on their premises and legal actions under the Immoral Traffic (Prevention) Act, 1956, were unjust. The petitioners argued that such actions were causing harassment and violating their fundamental rights, including:
Right to Livelihood – Their profession was being unfairly targeted.
Right to Dignity – They faced humiliation due to police actions.
Right to Equality – They claimed discrimination in the enforcement of regulations.
Advocates Yadunath Bhargavan and Hetvi Savla represented the petitioners, presenting their grievances before the High Court.
