HC dismisses challenge to closure of spas in Delhi due to Covid-19

The Delhi High Court on Monday dismissed petitions challenging the closure of spas and wellness centres in the national capital on account of COVID-19.

Justice V Kameswar Rao, while dealing with pleas by certain spa owners challenging the December 28 decision of Delhi Disaster Management Authority (DDMA), noted that the authorities were seized of the issue and it was not for the court to decide if a direction can be given for the opening of spas and wellness centres at this stage.

The judge said that there was a surge in cases in December, which resulted in the authorities imposing a curfew during the night and weekends and a decision was taken to close down the spas in view of the circumstances existing at the relevant time.

It is not for this court to conclude that a situation has arisen where a direction can be given for the opening of spas and wellness centres. In the facts of this case, I don't see any reason to interfere with the impugned order. Petitions are dismissed, the judge said.

Delhi government counsel Sameer Vashisht said that the city government was reviewing the situation from time to time and a decision shall be taken given the totality of the facts.

The counsel for the petitioners argued that as per news reports, cases were going down and highlighted that the court had earlier allowed the opening of spas subject to certain conditions.

One of the petitions submitted that spas and wellness clinics ought to be treated at par with salons that were permitted to remain open in the DDMA order and argued that interference in the peaceful functioning of the former was arbitrary and discriminatory.

It also cannot be lost sight of that several barbershops/salons/beauty parlors also provide services akin to those provided in Spa & Wellness clinics. Thus, the difference between the services provided in barber shops/salons/ beauty parlors and Spa & Wellness clinic are very minimal. Both these services require service providers and service takers to remain in close proximity for a sufficient duration, the petition said.

It claimed that the spa industry was undergoing huge losses and was unable to meet even the basic expenses.