“‘Spa Centres Cannot Become Havens of Prostitution’: Punjab & Haryana High Court Flags Human Trafficking in Garb of Wellness, Directs State to Frame Regulatory Policy Within 3 Months”
Sanchayita Lahkar
The High Court of Punjab and Haryana Single Bench of Justice Kuldeep Tiwari directed the State of Punjab to treat a writ petition concerning interference with spa and massage centres as a representation and to frame guidelines/policy regulating the operations of such establishments. The Court, while disposing of the petition, ordered the State to complete this exercise within three months and to file a status report thereafter. The directive was issued in light of multiple FIRs registered under the Immoral Traffic (Prevention) Act, 1956, and concerns of human trafficking and illegal activities under the guise of wellness services.
The petition was filed by multiple individuals engaged in running beauty parlours, massage, and spa centres within the municipal limits of Jalandhar, Punjab. The petitioners sought directions from the Court to restrain police authorities from interfering with their business operations and the peaceful functioning of their establishments.
During the hearing, a reply was submitted on behalf of Respondents No. 1, 2, 3, and 5, disclosing that several FIRs had been registered in the Jalandhar Commissionerate under the Immoral Traffic (Prevention) Act, 1956, against various spa and massage centres. The reply noted that some operators were allegedly using the centres as a cover for prostitution and trafficking activities.
It was further submitted that Petitioners No. 3 and 7 were themselves named in FIR No. 79 and FIR No. 78, respectively.
The State contended that based on these figures, the issue appeared not to be isolated but indicative of a wider network operating under the pretext of wellness services. Consequently, it submitted that regulatory measures were essential to curb the misuse of spa and massage licences for illicit purposes.
The petitioners, through their counsel, informed the Court that they did not wish to press the petition further as their specific grievances had been redressed. However, given the broader implications of the matter, the Court proceeded to examine the systemic issues arising from the pleadings.
Justice Kuldeep Tiwari took note of the submission that the exploitation of women under the cover of massage and spa services posed a serious concern requiring the State’s immediate attention. The Court found the need to put in place a regulatory framework to protect the rights of those working in the wellness industry and to prevent criminal abuse of such business licences.
The Court also referred to a previous decision in CRM-M-36358-2023, where a Co-ordinate Bench had faced a similar issue concerning human trafficking in U.T. Chandigarh. In that case, the Bench had directed the authorities to frame guidelines akin to those issued by the Government of the National Capital Territory of Delhi. It was noted that the State of Haryana had already undertaken such an exercise.
In view of this precedent and the emerging pattern of abuse, the Court resolved that similar action was necessary in Punjab to address the situation proactively.
Justice Kuldeep Tiwari recorded that the FIRs filed under the Immoral Traffic (Prevention) Act indicated not merely isolated incidents but a pattern:
“From the FIR figures (supra), which appertain only to one Commissionerate, this Court prima facie believes such kind of rackets to be operating in the entire State.”
The Court observed the dual threat posed by unregulated spa and massage centres: criminal misuse and exploitation of women:
“It is of dire significance for the State of Punjab to prevent the massage and spa centres from becoming havens of illegal activities and prostitution and also to prevent the exploitation of gullible women by owners/managers of massage and spa centres.”
The Court noted that only a structured legal mechanism could address the underlying risks:
“This menace can only be curbed through framing of apt guidelines/policy regulating operation of the spa and massage centres.”
In support of this approach, the Court referred to the practice adopted by other jurisdictions:
“The Co-ordinate Bench took cognizance of the growing illegal activities of immoral/human trafficking in U.T. Chandigarh and made specific directions to the authorities to frame guidelines on the same pedestal as framed by the Government of National Capital Territory of Delhi. Such kind of guidelines came to be framed by the State of Haryana also.”
Despite the petitioners' disinterest in pursuing the case, the Court stated:
“Taking into account the gravity of the issue involved as well as the welfare of the women working in the spa and massage centres, this Court deems it appropriate to direct the State of Punjab to consider this writ petition as a representation.”
The Court directed the following: “The State of Punjab [is] to consider this writ petition as a representation and frame guidelines/policy regulating the operations of spa and massage centres within the State of Punjab.”
The timeline for implementation was set as follows: “This exercise shall be completed within three months from today and a status report in this regard be also filed post compliance of these directions.”
The matter was accordingly disposed of.
Advocates Representing the Parties
For the Petitioners: Mr. Deepak Singh Saini, Advocate with Ms. Parul Saini, Advocate
For the Respondents: Mr. Pardeep Bajaj, Deputy Advocate General, Punjab
Case Title: Sabnam Khatun and Others v. State of Punjab and Others
Neutral Citation: 2025:PHHC:047474
Case Number: CWP-28707-2024
Bench: Justice Kuldeep Tiwari
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