Health Spas - ‘Retreat resorts’ or ‘Flesh trade outlets’ ?

In a recent verdict, the Madras High Court has held that the city police has no legal right to prevent a health spa from being run by any citizen of the country even if the services were offered by members of opposite sex. The judge, in his order, cited judgements of the Supreme Court to show that “a majoritarian impulse rooted in moralistic tradition cannot impinge upon individual autonomy”

At the same time, the judge said, the police were entitled to inspect such premises and take appropriate action according to law in cases of any criminal activities prohibited by law. The judge referred to a judgement of the Madras High Court that governed the power of the police to curb immoral and indecent activities which held that “dehors (outside) the powers vested by the Legislative Assembly they cannot curb any activities as being immoral and courts can not clothe them with such powers”.

Justice K Chandru stated that there was no law regulating the field, and awarded interim injunction on a petition by M/s Influence Lifestyle Stores Private Ltd seeking to restrain police from interfering with the “peaceful conduct” of the business offering various spa therapies for both sexes by members belonging to both sexes. The company had filed the civil suit for a mandatory injunction to direct the state to formulate rules for conducting spa centres and for a permanent injunction to restrain the respondents from interfering with the peaceful conduct of its business.

The city’s police commissioner, in a counter affidavit, submitted that the blanket restraining order sought by the applicant was only to engage young girls to attract more youth. With teenage girls being employed at the spa, there was the possibility of men of ‘questionable character’ and anti-social elements being attracted to the parlour, resulting in unwarranted problems and immoral activities, the commissioner said. The affidavit said there was reason to suspect that the applicantwas planning to indulge in unusual and unhealthy activities. But the justice pointed out that the special government pleader was unable to point out any specific legal provision under the Madras City Police Act which obliges a spa centre to be licensed by the police commissioner. Eternal vigilance is the only option left with the police !!!

I very well understand the reasons relied upon by the police authorities, as he reads Indian News papers every day. Here is a report from Andra pradesh, in which a call girl caught while raiding a star hotel, was quoted as saying “I used to work in a beauty parlour for doing facial, pedicure and manicure. Only after joining there as a trainee-beautician, I was lured to do body massage to male customers“.

Another sex worker, who was picked up from a three- star hotel was reported as revealing “I came to the city from a rural area with a dream to launch a career as a model and later try my luck in Tollywood. But a pimp here forced me into flesh trade by telling me that I have to pay this as the price to become a model“.

It is found that the pimps always lured vulnerable sections–mostly young girls from poor family - to get into flesh trade. Shockingly, there have been reports that higher secondary school girls and Univesity students offer themselves as freelancers in this business. While SECULAR CITIZEN has no sympathy towards those freelancers and the aspirants of tinsel fame, he is worried about the ‘ethics erosion’ in this country. Of late, the lure of money ruins even the Traditional Health practices based on divine principles.

SEX - procreation or recreation ?  SECULAR CITIZEN has no clue on the relative merit of these two activities

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