Response

If the parlour is illegal then the concerned law will deal with it, further if the activities carried on in parlour are illegal then the problems arises, further receiving body massage from female is legal but it is strictly done under set of rules.

According to Immoral Traffic (Suppression) Act, 1956 Prostitution is illegal in India. while a woman can use her body in private for a commercial purpose – male sex workers are not recognised by the law – but she can be punished for soliciting business or seducing clients in public. Running brothels, pimping and prostitution rings – is illegal. The clients can be punished for sexual activity at or close to a public place.

Not but doing some extra services will make them illegal . You got the departmental permission of running a massage parlour not a brothel. You want to know whether any massage given by a female person to a male person is illegal in India. The answer is no. The reason is that there is no law enacted by any of the State Legislatures or the Parliament which forbids this. There being no such bar, one cannot say that a massage given by a female to a male is illegal.

In fact, a masseuse can make out a case before Court that it is her fundamental right to practice a profession and such a right is protected under Art.19 of our Constitution.

However, it is to be mentioned that the rights envisaged under Art.19 are subject to ‘reasonable restrictions’ and if the Parliament or the State Government wants they have the right to regulate and control the business of spas and the service rendered by a masseuse. This is done usually by enacting a statute in the respective Legislature.

Reference: Immoral Traffic (Suppression) Act, 1956

202100168202100423306

LAWAYZ-2023-592