{"id":242392,"date":"2021-01-18T14:13:12","date_gmt":"2021-01-18T08:43:12","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=242392"},"modified":"2021-01-22T10:39:12","modified_gmt":"2021-01-22T05:09:12","slug":"del-hc-continuing-embargo-on-spas-violative-of-their-rights-court-allows-reopening-of-spas-wellness-clinics-etc-albeit-subject-to-conditions","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2021\/01\/18\/del-hc-continuing-embargo-on-spas-violative-of-their-rights-court-allows-reopening-of-spas-wellness-clinics-etc-albeit-subject-to-conditions\/","title":{"rendered":"Del HC | Continuing embargo on spas, violative of their rights’: Court allows reopening of spas, wellness clinics, etc. albeit subject to conditions"},"content":{"rendered":"

Delhi High Court: <\/strong>Prathiba M. Singh, J., while considering the re-opening of spas in GNCTD expressed that:<\/p>\n

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“While the spread of Covid-19 is the main factor to be considered, it has to be also balanced with the interest of reopening of businesses and establishments to bring back a semblance of normalcy.”<\/span><\/p>\n<\/blockquote>\n<\/div>\n<\/div>\n<\/div>\n

Petitioner an association of wellness Ayurveda and Spa providers in NCT Delhi is aggrieved by the delay by GNCTD and the Ministry of Home Affairs in issuing guidelines for re-opening of spas sought quashing of order dated 03-08-2020 issued by the Ministry of Health and Family Welfare (MoHFW).<\/p>\n

After the lockdown in March, 2020, though various other establishments were permitted to reopen and commerce businesses, spas have still been forced to remain closed.<\/p>\n

Petitioners relied on MOHFW’s office memorandum dated 18-11-2020 permitting the reopening of spas subject to conditions.<\/p>\n

Despite the above, GNCTD did not permit the reopening of spas.<\/p>\n

Senior Counsel, Mr Datta submitted that salons and other similar places have been opened but not giving permission for reopening of spas is discriminatory.<\/p>\n

This Court vide order dated 04-12-2020 came to a prima facie conclusion that the distinction sought to be made between the salons and spas would be discriminatory.<\/p>\n

GNCTD’s affidavit had the only reason for not giving permission on re-opening of spas which was the longer duration of proximity with the client.<\/p>\n

Decision<\/span><\/h3>\n

Bench expressed that several developments have taken place including the reduction in the number of COVID-19 cases as also the introduction of a vaccine.<\/p>\n

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“…the question of reopening any particular class of establishments is a delicate one to be taken after due consideration of the relative merits and demerits.”<\/span><\/p>\n<\/blockquote>\n

As of June, 2020, i.e., almost 6 months ago, salons which offer similar services have already been opened in Delhi, subject to such establishments observing standard operating procedure prescribed by the MoHFW.<\/p>\n

High Court opined that the slight difference in the nature of services and a slightly higher percentage of risk due to the proximity of the client and the service provider can be obviated by prescribing stricter measures and safeguards rather than continuing to keep such establishments closed.\u00a0<\/span><\/p>\n

Difference between salons and spas<\/span><\/h3>\n

Court observed that it cannot also be lost sight of that several salons also provide services akin to those provided in spas. The difference between the services provided in Salons and Spas is very minimal. The said services require service providers and service takers to remain in close proximity for sufficient duration.<\/p>\n

Hence,<\/p>\n

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“…while allowing the opening of salons, continuing the embargo on spas would be violative of the rights of these establishments and their employees.”<\/span><\/p>\n<\/blockquote>\n

High Court is conscious of the importance of prescribing strict safeguards that ought to be taken by establishments providing spa services as also the clients who visit the establishments, the continuation of the embargo on reopening of spas is unjustified.<\/span><\/p>\n

Therefore, in light of the above, Court permitted the reopening of spas, wellness clinic and similar establishments, in the GNCTD, subject to the following conditions:<\/p>\n