Sabnam Khatun and Ors v. State of Punjab and Ors., 2025
The Subject is to encapsulates Directions to frame a regulatory policy for spa and massage centres in Punjab to curb illegal trafficking and prostitution.
Judgement Details
Court
Punjab & Haryana High Court
Date of Decision
10 April 2025
Judges
Justice Kuldeep Tiwari
Citation
Acts / Provisions
Facts of the Case
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Petitioners, spa and massage centre owners in Jalandhar, filed a writ petition seeking protection from police interference in their business activities.
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They alleged harassment despite operating within municipal limits and in accordance with law.
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The State’s reply disclosed that prostitution rackets and human trafficking were being conducted under the guise of spa operations, with multiple FIRs already registered in District Jalandhar.
Issues
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Whether there is a need to regulate spa and massage centres to curb illegal activities like prostitution and human trafficking?
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Whether such regulations would infringe upon the right to trade under Article 19(1)(g)?
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Whether the petitioners’ request for non-interference by police is justified?
Judgement
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The High Court, noting the welfare of women and public morality, directed the State of Punjab to treat the writ petition as a representation and frame a policy to regulate spa and massage centres.
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It cited FIR figures indicating a prima facie spread of such rackets across Punjab.
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The Court rejected the plea for blanket protection from police interference due to the serious nature of allegations.
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It also referred to Nagaraj T @ Charles v. State of U.T. Chandigarh, where similar concerns were raised and Delhi Government’s regulatory framework was mentioned as a model.
Held
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The Punjab Government is directed to frame appropriate guidelines/policy within three months and file a status report upon compliance.
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The need to prevent exploitation of women and illegal activities under the cover of wellness services is a compelling interest that justifies state intervention.
Analysis
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The Court struck a balanced approach by recognizing the constitutional right to trade, but emphasized that it must be subject to public interest and reasonable regulation.
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The judgment recognizes the growing misuse of spa/massage centres for immoral activities and calls for preventive policy-making, not merely punitive policing.
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Reference to Delhi’s regulatory model underlines the value of uniform standards and structured licensing for such establishments.
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The directive upholds women’s rights, especially protection from exploitation, and stresses state accountability in preventing trafficking and ensuring lawful business practices.