Disposed¶32

Sabnam Khatun and Ors. v. State of Punjab and Ors.

Punjab & Haryana HC7 Apr 2025CWP/28707/2024

Case brief

AI extract

What is this about?

Keywords: spa and massage centre guidelines Punjab; Immoral Traffic (Prevention) Act, 1956 FIRs Jalandhar; prostitution racket; immoral/human trafficking; police non-interference directions; writ petition treated as representation; three-month timeline for policy framing; status report; CRM-M-36358-2023 Co-ordinate Bench; GNCTD guidelines pedestal; exploitation of women in spas; CWP-28707-2024; Justice Kuldeep Tiwari; disposed April 07, 2025.

What did the court decide?

Direction to the State of Punjab to treat the writ petition as a representation and frame guidelines/policy regulating the operations of spa and massage centres within the State within three months, with a status report to be filed post compliance. ¶32

Sabnam Khatun and Ors. Vs State of Punjab and Ors. — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether directions should issue to the police authorities restraining interference with the petitioners' business activities and the peaceful functioning of their massage and spa centres within the municipal limits of Jalandhar. +1 more

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Ratio / Principle

Although the learned counsel for the petitioners submitted that the grievance stood redressed and he did not wish to press the writ petition, the Court, considering the gravity of the issue and welfare of women working in spa and massage centres, directed the State of Punjab to consider the writ petition as a representation and frame guidelines/policy regulating the operations of spa and massage centres within the State of Punjab.

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Key takeaways

The exercise of framing the guidelines/policy was to be completed within three months, and a status report was to be filed after compliance with these directions.ratio¶31
From the FIR figures pertaining to a single Commissionerate alone, the Court formed a prima facie belief that such rackets operate across the entire State, making it necessary for the State of Punjab to prevent spa and massage centres from becoming havens of illegal activities and prostitution and to prevent exploitation of gullible women.ratio¶27

Detailed headnote1 paragraphs

CWP-28707-2024 (High Court of Punjab and Haryana at Chandigarh) - Sabnam Khatun & Ors. v. State of Punjab & Ors. (Kuldeep Tiwari, J.; decided April 07, 2025): Beauty parlour, massage and spa centre operators sought directions restraining police interference with their businesses within the municipal limits of Jalandhar. The State's reply dated 26.03.2025 disclosed seven FIRs registered under the Immoral Traffic (Prevention) Act, 1956 (Sections 3, 4, 5 and, in two FIRs, additionally 5B and 5C) in District Jalandhar, with petitioners No.7 and No.3 implicated in FIR Nos. 78 and 79. Observing that, from the FIR figures of one Commissionerate alone, such rackets appeared to operate State-wide and that the menace could only be curbed through apt guidelines/policy, and notwithstanding that counsel did not press the petition stating the grievance was redressed, the Court disposed of the petition by directing the State of Punjab to treat it as a representation and frame guidelines/policy regulating spa and massage centre operations within three months, with a status report to follow compliance.

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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112 CWP-28707-2024 Date of Decision : April 07, 2025

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SABNAM KHATUN AND ORS

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-PETITIONERS

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V/S

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STATE OF PUNJAB AND ORS

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-RESPONDENTS

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CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI

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Present: Mr. Deepak Singh Saini, Advocate with Ms. Parul Saini, Advocate for the petitioners.

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Mr. Pardeep Bajaj, D.A.G., Punjab.

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KULDEEP TIWARI, J. (ORAL)

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The petitioners, who are running their respective beauty parlors, massage and spa centres, within the jurisdiction of the State of Punjab, have approached this Court for issuance of directions upon the police authorities not to interfere in their business activities and also not to interfere in the peaceful functioning of their massage and spa centres situated within the municipal limits of Jalandhar.

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The reply dated 26.03.2025, as furnished on behalf of the respondents No.1, 2 3 and 5, reveals that some miscreants, under the garb of running spa and massage centres, have been running prostitution racket and are involved in immoral/human trafficking. Consequent upon busting of such prostitution rackets, various FIRs within the limits of District Jalandhar have been registered, details whereof are reproduced hereunder:-

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“(i) FIR No.124 dt. 24.06.2022 u/s 3, 4, 5 The Immoral Traffic (Prevention) Act, 1956, PS Division 7;

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DEVINDER YADAV 2025.04.07 17:25 I attest to the accuracy and authenticity of this order/judgment

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CWP-28707-2024 2

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(ii) FIR No. 65 dt. 26.04.2023 u/s 3, 4, 5 The Immoral Traffic

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(Prevention) Act, 1956, PS Division 7

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(iii) FIR No. 136 dt. 17.09.2023 u/s 3, 4, 5 The Immoral Traffic (Prevention) Act, 1956, PS Division 7

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(iv) FIR No. 44 dt. 21.04.2024 u/s 3, 4, 5 The Immoral Traffic (Prevention) Act, 1956, PS Division 7

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(v) FIR No. 93 dt. 14.05.2024 u/s 3, 4, 5 The Immoral Traffic (Prevention) Act, 1956, PS Division 6

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(vi) FIR No. 78 dt. 22.04.2024 u/s 3, 4, 5, 5B, 5C The Immoral Traffic (Prevention) Act, 1956, PS Division 6

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(vii) FIR No. 79 dt. 22.04.2024 u/s 3, 4, 5, 5B, 5C The Immoral Traffic (Prevention) Act, 1956, PS Division 6”

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The reply further reveals that, even the petitioners No.7 and 3

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are also involved respectively in FIR No. 78 and FIR No. 79 (supra).

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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. Hence, 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. This menace can only be curbed through framing of apt guidelines/policy regulating operation of the spa and massage centres.

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On an earlier occasion, the Co-ordinate Bench of this Court came across an alike issue in CRM-M-36358-2023. 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.

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DEVINDER YADAV 2025.04.07 17:25 I attest to the accuracy and authenticity of this order/judgment

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CWP-28707-2024 3

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Although the learned counsel for the petitioners submits that, grievance of the petitioners has been redressed, so he does not want to press the instant writ petition, however, 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 and frame guidelines/policy regulating the operations of spa and massage centres within the State of Punjab. 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.

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6. Disposed of accordingly.

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April 07, 2025	(KU	LDEEP TIWARI) JUDGE
devinder
Whether speaking/reasoned	:	Yes/No
Whether Reportable	:	Yes/No

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DEVINDER YADAV 2025.04.07 17:25 I attest to the accuracy and authenticity of this order/judgment

Sabnam Khatun and Ors. v. State of Punjab and Ors.

Case brief

What is this about?

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Sabnam Khatun and Ors. v. State of Punjab and Ors.

Case brief

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What the court decided

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