Legal Status of Spa In India

Yes, spa and massage centers are legal in India. These services are considered part of body fitness and detoxification, often linked to traditional Ayurvedic practices. However, such establishments must be licensed, follow health and safety regulations, and strictly avoid any illegal activities. Their legal status is supported by municipal guidelines, state regulations, and court rulings, provided they operate within the bounds of the law.

However, depending on the state or local jurisdiction, they have to follow different rules and licensing requirements. These rules usually include things like safety procedures, hygiene requirements, therapist licenses, and adherence to regional business and health legislation.

Even though it's okay to run a spa, spa owners need to follow all the rules and laws to keep their place safe and legal. If a massage at the spa happens in a place that's not regulated, by someone not trained, and includes sexual stuff, it could be against the law and lead to serious trouble like being arrested for prostitution or human trafficking.

Controversies surrounding spa massage parlors in India

In India, controversies about spa massage parlors have mostly come from worries about illicit operations including prostitution, human trafficking, and unlawful services being carried out under the cover of reputable spa establishments. Numerous incidents involving the discovery of illegal activity in massage parlors have been documented; these have resulted in police raids and legal actions.

Here are some big police operations that happened at massage places in India:

1. In 2014, the police found out about a sex business at a massage parlor in Delhi's fancy South Extension area. Important people, even a former government worker, were involved.
2. In 2017, a famous Bollywood actress got arrested in Mumbai. They said she was running a sex business from her massage parlor. She got out on bail later.
3. In 2018, the police raided a spa in Mumbai. They saved some women who were brought from Thailand and made to do sex work.
4. In 2019, the police did a similar raid in Chennai. They rescued women brought from Thailand and Malaysia.
5. In September 2019, the Bengaluru Police went to a spa. They arrested six people, including the owner, for making a sex business.
6. In 2020, they raided a spa in Bengaluru. They rescued women brought from Nepal and made to do sex work.
7. In February 2021, the Mumbai Police went to a massage place. They arrested eight people, like the owner and workers, for running a sex business.

The perception of how society views spa services and the stigma attached to them brings to light more general problems with cultural norms and attitudes toward wellness activities. To protect legality, ethics, and safety standards, resolving these disputes asks for an all-encompassing strategy requiring cooperation between law enforcement organizations, regulatory entities, and spa industry stakeholders.

Rules and Regulations for Spa in India

As controversies related to spas often arise in India, the government of India regulates strict rules and guidelines regarding spa massage centers.

In India, massage parlors are subject to various state laws and rules, with variations in their definitions and regulations throughout different states. To ensure compliance and the efficient functioning of their business, spa owners must know the unique rules and regulations of their area and industry.

In 2021, the Delhi Government prescribed some rules and guidelines for the issue of Health trade Licenses and the operation of spa massage centers. Some of them are;

• Sexual activity within the premises of the Spa/Massage center is strictly prohibited.
• Cross-gender massage is legal in India, and female therapists are allowed to massage male clients. In a landmark case from Tamil Nadu, the High Court quashed police action against a spa where female therapists were massaging male clients, affirming that no law prohibits cross-gender massages.
• Separate sections for male and female Spa centers must be marked with distinct entries and no connection between them.
• Spa/Massage center services must not be conducted behind locked doors, and self-closing doors without latches or bolts are required.
• External doors of the establishment must remain open during operating hours.
• Customers must provide an ID card; their contact details with phone numbers and ID proof must be recorded in a register.
• Spa/Massage centers can operate only from 9 am to 9 pm.
• Adequate lighting must be provided in each room or area.
• There has to be a separate bathroom and toilet area for men and women with adequate drainage.
• There has to be a separate changing area for men and women.
• The property cannot be connected to any residential area or utilized for residential purposes.
• Cleaning and housekeeping personnel must be hired to do routine cleanings of the premises.
• Every masseuse/masseuse needs to be certified in occupational therapy, physiotherapy, or acupressure.
• All employee information, including that of cleaning personnel, needs to be kept up to date in a register.
• When working, all workers are required to wear their employer-issued ID cards.
• Workers need to be at least eighteen years old.
• Before receiving a Health Trade License for the Spa/Massage establishment, the Owner/Manager must undergo police verification.
• The Spa/Massage center must not have any pending criminal cases or involvement in criminal activities related to immoral trafficking or sexual offenses.
• Compliance with all applicable laws, including the Immoral Traffic (Prevention) Act, is mandatory.
• License details, including the name, license number, and working hours, must be displayed prominently within the premises.
• Display boards in English and Hindi must contain site plans, bed numbers, employee details, helpline numbers, and a declaration against prostitution activities.
• CCTV cameras with recording facilities must be installed at entrances, receptions, and common areas, with recordings retained for three months.
• Internal complaint committees for sexual harassment prevention must be established where more than 10 employees work.
• COVID-19 protocols must be followed as per government guidelines and court directions.

An undertaking/declaration must be submitted along with the license application, affirming compliance with all conditions.

Some regulations related to inspection and enforcement are as follows:

• Health trade licenses will only be issued after premises inspection.
• Health officials, police officers, and other authorities have the right to inspect premises and records to verify compliance.
• Violations will result in penal action as per applicable laws.
• Police will take action in case of criminal activities by the Spa/Massage center.

Latest Court Judgments on Spas in India

Given the varying rules and regulations for spa operations across different states in India, many legal disputes have emerged over the enforcement of these rules. Below are two recent court judgments that highlight key legal developments concerning spas:

Case 1: Telangana High Court – Police Interference in Spa Operations

Petitioner:
Saurabh Kumar, Director of Somara Wellness Private Limited

Background:
Somara Wellness, which operates spa centres in Hyderabad, filed a writ petition before the Telangana High Court. The company claimed that the local police were frequently interfering with its business without legal justification. According to the petition, the police were arbitrarily demanding the closure of spa centres, disrupting lawful operations without following due process.

Judgment:
Justice C.V. Bhaskar Reddy ruled in favour of the petitioner. The court directed the police not to interfere with the functioning of the spa centres. However, the judgment came with specific compliance conditions:

• Spa owners must maintain a proper customer register with verifiable contact details.
• Police officers may periodically inspect these records.
• The main doors of the spa must remain unlocked during working hours to avoid any suspicion of immoral activity.
• The court allowed full-body massage services, provided these operational guidelines are followed.

This decision reinforced earlier judgments in similar matters, emphasizing the need for lawful regulation instead of arbitrary police action.

Case 2: Madras High Court – Privacy Concerns Over CCTV Installation

Petitioner:
Payel Biswas, Owner of 'Queen Ayurvedic Cross Spa Centre', Tiruchirappalli, Tamil Nadu

Background:
The petitioner sought permission and a No Objection Certificate (NOC) to operate her spa without disruption. She challenged a government directive that required installing CCTV cameras in spa premises, arguing that such a requirement violated the privacy rights of customers and staff.

Judgment:
Justice G.R. Swaminathan of the Madurai Bench of the Madras High Court ruled in favour of the petitioner, stating that the mandatory installation of CCTV cameras inside spas was a violation of bodily privacy.

Key observations from the judgment:

• Right to bodily privacy is a core part of the fundamental right to life and personal liberty under Article 21 of the Indian Constitution.
• The judge referred to the landmark Supreme Court judgment in K.S. Puttaswamy v. Union of India (2017), which upheld the right to privacy as a fundamental right.
• The court advised the government to reconsider surveillance-based regulations and carefully weigh them against citizens' privacy rights.