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Delhi High Court Allows Reopening of Spas, Wellness Clinics
The Single Judge Bench of the Delhi High Court has recently shared its opinion on the reopening of spas, wellness clinics, and other similar establishments.
The Single Judge Bench comprising Justice Pratibha M Singh on Thursday, 14th January held a joint hearing for two cases, Ms. Sukaita & Ors. v. Government of NCT of Delhi & Anr. (W.P. (C) 6555/2020) and Association of Wellness Ayurveda and Spa v. Government of NCT of Delhi & Ors. (W.P.(C) 7366/2020 & CM APPL. 31473/2020), and gave her judgment on the reopening of spas, wellness clinics, and other similar establishments.
The Court has allowed the petitions for the reopening of spas, wellness clinics, and other similar establishments in Delhi on the condition that they will strictly adhere to the precautionary safety measures put in place by the Government of India.
The Court reasoned that even though the difference between salons, spas, and wellness clinics is very minimal, the Government has only allowed the reopening of the former.
The Court said that the continuity of the embargo, by the Central Government, placed on the reopening of spas, wellness clinics, and other similar establishments is unjustified.
This is because the embargo on their reopening violates the rights of the establishments and of their employees.
The Court also recognized the need for prescribing safeguards that should be taken by both the establishments and the clients that avail the services provided by these establishments.
The Court further stressed the importance of strict adherence to the guidelines put in place by the Central Government.
The Court rejected the contention made by the Delhi Government that the spas and other such establishments were not given the green signal for reopening because the services offered by these establishments posed a higher risk considering that they required the employees to be in close proximity with the clients for longer durations.
The Court said that the slightly higher risk, that the services provided by these establishments pose, can be countered by following stricter precautionary safety measures.
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