Maharashtra to Regulate Spas; No Objection to Cross-Gender Massages: AG to Bombay High Court

Background

The Maharashtra government informed the Bombay High Court that it plans to introduce regulations to monitor the functioning of spas and wellness centers across the state. During the hearing, the Advocate General (AG) clarified that the government does not object to cross-gender massages as long as they comply with the forthcoming regulatory framework. This statement was made in response to petitions challenging local authorities’ restrictions on spa operations.

Maharashtra Government’s Stand

1. Regulating Spa Operations

• The government proposed introducing a regulatory framework to govern the operation of spas and massage centers.
• This framework will aim to prevent illegal activities while allowing legitimate businesses to operate without undue interference.

1. Cross-Gender Massages Permitted

• The AG clarified that there is no legal prohibition on cross-gender massages.
• The government emphasized that such services would remain permissible if performed in accordance with the proposed regulations.

1. Ensuring Public Morality and Safety

• The new regulations aim to strike a balance between maintaining public decency and protecting the rights of legitimate spa operators.
• Authorities will establish guidelines to curb the misuse of spa facilities for illegal purposes.

Petitioners’ Argument

1. Violation of Business Rights

• Spa owners argued that local authorities’ restrictions violate their right to carry on a lawful business under Article 19(1)(g) of the Constitution.
• They claimed that arbitrary bans on cross-gender massages hurt their business operations and employees’ livelihoods.

1. Lack of Clear Guidelines

• The petitioners contended that the absence of clear regulations has led to inconsistent enforcement and harassment by local authorities.

1. Right to Privacy

• They asserted that consenting adults have the right to avail themselves of cross-gender massage services without moral policing.

Legal Considerations

1. Freedom of Trade and Profession

• Under Article 19(1)(g) of the Constitution, citizens have the right to practice any profession, subject to reasonable restrictions imposed by the State.

1. State’s Power to Regulate

• Article 19(6) allows the State to impose reasonable restrictions in the interest of public decency, morality, and public health.

1. Judicial Precedent

• Courts have previously held that authorities cannot impose blanket bans on lawful businesses without clear legal backing.

Implications of the Proposed Regulations

1. Clarity for Spa Operators

• Clear regulations would protect legitimate businesses from arbitrary closures and provide legal certainty.

1. Consumer Protection

• Regulatory oversight will enhance consumer confidence by ensuring professional standards and safety protocols.

1. Balancing Rights and Morality

• The court’s ruling will need to balance the rights of business owners with the State’s duty to uphold public morality.

Conclusion

The Maharashtra government’s move to regulate spa operations while permitting cross-gender massages aligns with constitutional principles of business freedom and personal choice. The Bombay High Court’s decision on the matter will establish a precedent for regulating personal service industries while protecting fundamental rights and public interests.