July 2009 CHENNAI: Seeking to put an end to police raids and searches on health spas that also offer "cross massage" -- the massage done by persons belonging to the opposite sex -- the Madras high court has ruled that the city police do not have any legal right to interfere with such activities.

Justice K Chandru, placing health spas virtually beyond the reach of the city police, pointed out that as on date the regulatory provisions of the Madras City Police Act 1888 talked only about licensing procedures for hotels and lodges, and there was no reference to spa "with massages done by persons belonging to other sex."

The judge said: "Police as on date has no legal right to prevent a health spa being operated by any citizen of this country, even if it (massage) is done by persons belonging to the opposite sex. As pointed out by the Supreme Court, majoritarian impulses rooted in moralistic tradition cannot impinge upon individual autonomy... In the absence of a law, the only argument of the state was based upon moral and ethical grounds."

Relying on legal precedents, the judge said the Supreme Court and several high courts had on occasions interfered with police powers to prohibit dance shows in restaurants, video parlours running video games for youth and children, and women serving liquor in bars.

Justice Chandru, however, added that the police can inspect and take appropriate action in accordance with law in cases of any criminal activities prohibited by the law.

The matter relates to an application filed by Influence Lifestyle Stores Private Limited seeking to restrain the city police from interfering with its business. The spa owner said that running an health spa, where cross massages are done by the opposite sex, is a worldwide phenomenon and there is no legal prohibition. Pointing out that even a leading hospital in the city had a spa, he said the health packages included massage therapy and they had recruited trained therapists from both sexes.

Opposing the plea, the Chennai city police commissioner filed a counter, stating that it was only a ruse to carry on immoral activities. Any form of body massage in the name of health spa is not at all permissible, he said, adding that the spa would attract men of questionable character and anti-social elements.

Justice Chandru, rejecting the submissions, said the government was unable to bring to notice any specific legal provision under the Madras City Police Act 1888 which obliges a spa centre to be licensed by the police commissioner.