Jammu Bans Cross-Gender Massages Citing Public Order Concerns

Jammu administration bans cross-gender massages, cites threat to public order.

The Jammu administration has banned “cross-gender massaging” and barred bolting of massage spaces from inside, invoking Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, a law that deals with addressing the issues of nuisance or apprehended danger. The order stipulated that “no internal locks, latches, bolts or locking mechanisms” shall be installed in treatment rooms. The order has been promulgated in view of reports that “certain spa and massage centres operating in Jammu district” were allegedly being used for immoral activities, “thereby posing a threat to public order and safety”.

Key Facts

The Jammu administration banned cross-gender massaging.

The order was issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Internal locks, latches, bolts, or locking mechanisms are prohibited in treatment rooms.

CCTV cameras are mandatory at entry points, reception areas, and common areas, excluding private rooms.

The minimum recording retention period for CCTV footage is 30 days.

All owners, managers, and employees must undergo police verification.

Owners and managers must submit an affidavit to the nearest police station within 10 days.

The order is effective immediately and will remain operative for eight weeks.

UPSC Exam Angles

GS Paper II: Governance, Constitution, Polity, Social Justice & International relations

Connects to fundamental rights, state powers, and social issues

Potential for statement-based questions on laws related to public order

Visual Insights

Location of Jammu District

Shows the location of Jammu district where the ban on cross-gender massages has been imposed.

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📍Jammu

More Information

Background

The regulation of businesses like spas and massage centers often falls under the purview of local laws and public order concerns. Historically, such establishments have been subject to scrutiny due to concerns about potential illegal activities. The concept of public order is a crucial aspect of governance, allowing authorities to impose reasonable restrictions to maintain peace and prevent disturbances. Over time, the specific laws governing these businesses have evolved, reflecting changing social norms and priorities. Different states and regions may have varying regulations depending on their local context. The use of laws like the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the Criminal Procedure Code (CrPC), indicates a shift in the legal framework for addressing issues related to public order and safety. The legal and constitutional framework for maintaining public order is rooted in the Constitution of India, which empowers the state to enact laws for the welfare and safety of its citizens. The power to legislate on matters of public order generally lies with the state governments under the State List of the Seventh Schedule of the Constitution. However, the central government can also enact laws that have implications for public order, especially in Union Territories.

Latest Developments

Recent government initiatives have focused on ensuring the safety and security of citizens, with an increased emphasis on regulating businesses that could potentially be misused. The use of laws like the BNSS 2023 to address concerns related to public order reflects a proactive approach by the administration. There are ongoing debates about the balance between individual freedoms and the need to maintain public order. Some argue that such restrictions may infringe upon personal liberties and could lead to harassment. Institutions like the National Human Rights Commission (NHRC) often play a role in examining such issues and ensuring that human rights are protected. Looking ahead, it is expected that there will be continued efforts to refine and improve the regulatory framework for businesses like spas and massage centers. This may involve the introduction of new guidelines, stricter enforcement measures, and greater public awareness campaigns. The goal is to create a safe and secure environment for all citizens while respecting their fundamental rights.

Frequently Asked Questions

1. What is the key reason cited by the Jammu administration for banning cross-gender massages?

The Jammu administration banned cross-gender massages primarily due to concerns about public order and safety, citing reports that some spa and massage centers were allegedly being used for immoral activities.

2. Under which legal provision was the ban on cross-gender massages in Jammu imposed?

The ban was imposed under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which addresses issues of nuisance or apprehended danger.

3. What is the significance of 'public order' in the context of the Jammu administration's decision?

In this context, 'public order' refers to the administration's responsibility to maintain peace and prevent disturbances or activities that could disrupt the community's well-being. It allows authorities to impose reasonable restrictions.

4. What measures, besides banning cross-gender massages, have been mandated for spas and massage centers in Jammu?

Besides banning cross-gender massages, the Jammu administration has mandated that no internal locks be installed in treatment rooms and that CCTV cameras be installed at entry points, reception areas, and common areas, with a minimum recording retention period of 30 days.

•No internal locks, latches, bolts or locking mechanisms in treatment rooms
•Mandatory CCTV cameras at entry points, reception areas, and common areas
•Minimum CCTV footage retention period of 30 days

5. What are the potential implications of the Jammu administration's ban on cross-gender massages for common citizens?

The ban could lead to debates about individual freedoms versus the need for public order. Some citizens might view it as an infringement on personal choice, while others may see it as a necessary measure to ensure safety and prevent immoral activities.

6. Why has the Jammu administration's decision to ban cross-gender massages been in the news recently?

The decision is in the news because it highlights ongoing debates about balancing individual freedoms with the need to maintain public order and prevent potential misuse of businesses like spas and massage centers. The use of BNSS 2023 to address these concerns also brings the law into focus.

Practice Questions (MCQs)

1. Consider the following statements regarding the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: 1. It replaced the Criminal Procedure Code (CrPC). 2. It deals with addressing issues of nuisance or apprehended danger. 3. It empowers the central government to legislate on matters of public order in all states. Which of the statements given above is/are correct?

A.1 and 2 only
B.2 and 3 only
C.1 and 3 only
D.1, 2 and 3

Show Answer

Answer: A

Statement 1 is CORRECT: The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, indeed replaced the Criminal Procedure Code (CrPC). Statement 2 is CORRECT: The BNSS, 2023, addresses issues of nuisance or apprehended danger, as highlighted in the Jammu administration's order. Statement 3 is INCORRECT: The power to legislate on matters of public order generally lies with the state governments under the State List of the Seventh Schedule of the Constitution. The central government's power is primarily in Union Territories.

2. In the context of regulations related to public order, consider the following: 1. The power to legislate on public order resides exclusively with the Union Government. 2. The Seventh Schedule of the Constitution divides legislative powers between the Union and the States. 3. Restrictions imposed in the name of public order can never be challenged in courts. Which of the statements given above is/are NOT correct?

A.1 and 2 only
B.2 and 3 only
C.1 and 3 only
D.1, 2 and 3

Show Answer

Answer: C

Statement 1 is INCORRECT: The power to legislate on matters of public order generally lies with the state governments under the State List of the Seventh Schedule of the Constitution. Statement 2 is CORRECT: The Seventh Schedule of the Constitution indeed divides legislative powers between the Union and the States. Statement 3 is INCORRECT: Restrictions imposed in the name of public order can be challenged in courts if they are deemed unreasonable or violate fundamental rights.