The Madras High Court today held that the city police had no legal right to prevent a health spa from being run by any citizen of the country even if the services were offered by members of opposite sex.
Granting an interim injunction on an application by M/s Influence Lifestyle Stores Private Ltd seeking to restraining police from interfering with the peaceful conduct of the business offering various spa therapies for both male and female by members belonging to both genders, Justice K Chandru held "there is no law regulating the field".
The Judge cited the judgements of the Supreme Court to show that "a majoritarian impulse rooted in moralistic tradition cannot impinge upon individual autonomy".
At the same time, the Judge said, the police were entitled to inspect such premises and take appropriate action according to law in cases of any criminal activities.
The Judge also referred to a judgement of the Madras High Court while dealing with the power of the police to curb immoral and indecent activities which held that "dehors (outside) the powers vested by the legislative assembly they cannot curb any activities as being immoral and courts can not clothe them with such powers".
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