Delhi spa and massage centers open with new guidelines: CM Arvind Kejriwal | India News
NEW DELHI: The Delhi government has set guidelines for the operation of spa and massage centers in the city while defining strict measures to ensure the prohibition of sexual abuse and trafficking, and safeguards to ensure the safety of consumers as well as employees. The guidelines that were issued for licensing the health trade and operating spa and massage centers in the city were approved by Chief Minister Arvind Kejriwal on Monday, August 2, 2021. The guidelines prohibit strictly any type of transgender massage in the premises while establishing guidelines for the protection of children from sexual offenses, prevention of sexual harassment and trafficking, among others. After the issue was reported by the chairperson of the Delhi Commission for Women, a task force was formed to investigate the report submitted by DCW, take appropriate legal action and review the functioning of the facilities.
The guidelines have been developed with the safety and security of consumers and employees on the premises in mind. The decree sets out certain specific provisions that the centers will have to follow to ensure the greatest security inside their premises, such as the provisions relating to automatically closing doors and the prohibition of latches and locks inside the doors. rooms of the massage center while keeping the exterior doors open during working hours. . The centers should also have separate toilets and bathrooms for men and women as well as separate changing rooms.
The centers will only be able to employ people over the age of 18 who have a diploma / diploma / certificate in physiotherapy, acupressure or occupational therapy. They will also need to obtain police certificates for all employees and undertake a police check of the premises.
The chairperson of the Delhi Commission for Women had previously informed of various irregularities and sexual abuse against girls / women employed in spa centers. A task force has been set up in this regard by the Delhi government to investigate the report submitted by DCW, take appropriate legal action and review the functioning of the institutions. The suggestions of the Delhi Commission for Women were further incorporated into the guidelines.
MANDATORY CONDITIONS FOR OBTAINING THE LICENSE
(a) Engaging in any form of sexual activity on the premises of the Spa massage center is totally prohibited.
(b) Male to female massages are not permitted in spa / massage centers Arrangements must be made for a male masseur for male massage and female masseur for female massage.
(c) Spa centers for men and women should be located in different sections of the premises and clearly demarcated with a separate entrance and no interconnection.
(d) Spa / massage center services must not be provided behind locked doors. There must be no latch or bolt inside the doors of the SPA / Massage Center rooms. Self-closing doors must be provided.
(e) The exterior doors of the massage / spa establishment must be kept open during working hours.
(f) A mandatory provision for the production of identity cards of all customers must be ensured and an appropriate register containing their contact details, including telephone numbers and proof of identity, must be maintained.
(g) Spa Massage centers can only remain open from 9 a.m. to 9 p.m.
(h) Appropriate lighting installations must be provided in each room or enclosure.
(i) The spa / massage center must have a separate toilet and bathroom for men and women with an appropriate drainage system
(j) The spa / massage center must have separate changing rooms for men and women.
(k) The premises must not be used for residential purposes and they shall not communicate with any residential part of the premises, if applicable.
(l) The spa / massage center must ensure the cleaning of the premises by employing necessary employees for cleaning / housework, etc.
(m) Each masseur / masseur employed at the center must have a diploma / diploma / certificate in physiotherapy / acupressure or occupational therapy.
(n) Details of all employees, including maintenance personnel, must be kept in a register.
(o) All employees must wear an employer-issued identity card displayed while working.
(p) All employees in this trade must be at least 18 years of age.
(q) The local body should obtain police verification from spa / massage center owner / manager before issuing professional health license to spa / massage center as well as premises verification.
(r) There should be no pending criminal cases and no involvement in the criminal action related to the Immoral Trafficking (Prevention) Law. The Protection of Children Against Sexual Offenses Act or any case of a sexual crime nature registered against any Spa / Massage Center employee. The owner / manager of the spa / massage center must obtain a police certificate (PCC) before hiring any person employed at the center
(s) The spa / massage center will not violate any applicable law, in particular the Law on Immoral Trafficking (Prevention) and will comply with all applicable laws, rules and guidelines.
(u) Details of the license holder, manager, employees, service working hours, types of service massages available, including the fees set for each item thereof, should also be posted well view.
(v) Notice boards in English and Hindi must be displayed in an appropriate place at the reception with the following information:
i Layout plan of the premises.
ii. Number of beds per category for men and women.
iii. Details of employees containing their designation and qualification.
iv. Telephone support numbers for customers, namely 112 and 181.
v. Statement stating that “The spa massage center is intended for spa and massage purposes only. If an employee / employer of the client is involved in sexual abuse, legal action under the Immoral Trafficking (Prevention) Act and / or any other law will be taken against them. The same can be reported by calling 112 & 181
(w) CCTV cameras with recording must be installed at the entrance, at the reception and in the common areas of the center. The recording must be kept for at least three months.
(x) An internal complaints committee under the Prevention of Sexual Harassment of Women in the Workplace Act should be established in the center where more than 10 employees work. The existence of such a committee should be posted in a conspicuous place. Reports in accordance with the law must be sent to the relevant authorities.
(y) Appropriate COVID behavior should be observed by spa / massage centers as prescribed by the Indian Government Department of Health and Family Welfare from time to time. Spa / massage centers must also comply with the instructions of the High Hon’ble Court of Delhi in WP (C) 6555/2020 and WP (C). 7366/2020.
(z) An undertaking / declaration must be submitted in the form of an affidavit (as per the Annex) with the application for a health business license to comply with all of the above conditions.
INSPECTION AND ENFORCEMENT
a) The health trade license is issued by the local body only after inspection of the premises.
b) Health officials, police officers and other relevant authorities will have the authority to inspect the premises, license, registers / all records of spa / massage centers to verify compliance with the above conditions. or in the event of a suspected commission of an offense by the licensee / employees related to any applicable law.
c) In the event of a violation of the guidelines, criminal action will be taken in accordance with the applicable laws of the local body concerned.
d) In the event of criminal activity of the spa / massage center, measures in accordance with the law will be taken.