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Our Legal Correspondent

Chennai, Sept 5 The Madras High Court has ruled that the Tamil Nadu police had no legal right to prevent a health spa from being operated by any citizen of the country even if it was done by persons belonging to the opposite sex.

As held by the Supreme Court in Anuj Garg’s case (Anul Garg and others vs Hotel Association of India — reported in 2008 3 SCC 1), a majoritarian impulse rooted in moralistic tradition could not impinge upon individual autonomy, Mr Justice K. Chandru ruled while allowing an application from M/s Influence Lifestyle Stores Pvt Ltd, Chennai, which was running a health spa where cross massages were done by members of the opposite sex.

The applicant contended that running of health spa was a worldwide phenomena and there was no legal prohibition. However, the respondent (Commissioner of Police, Chennai) submitted that such activities were nothing but a ruse to carry on immoral activities, and under the ‘parens patriae’ power of the State, it had power to curtail such operations. The applicant prayed for a permanent injunction to restrain the respondents from interfering with the peaceful conduct of the business in their premises.

It was the applicant’s contention that the respondents were interfering with their lawful business, in which they had invested huge amounts. The respondents said that Article 19 (g) of the Constitution clothed the State with power to impose reasonable restriction on the exercise of the right under the provision in the interest of general public. They said they had reason to suspect that the applicant was contemplating to indulge in unusual and unhealthy activities.

The Judge said that there was no law regulating the field in the case of running of a spa with cross massages done by persons belonging to other sex, there was no law regulating the field. At the same time, there was no prohibition for the respondent police to inspect and take appropriate action in accordance with law in cases of any criminal activities prohibited by law.

The application was allowed.

More Stories on : Courts/Legal Issues | Health | Tamil Nadu

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