In recent times, this Court witnessed a flurry of cases challenging the action initiated by the Police against Spas and Massage Centres, its owners and women working as Massage Therapists in these Centres, under the Immoral Traffic (Prevention) Act, 1956, [hereinafter called as "the Act"]. In all these cases the owners were added as the accused and the women working in these centres were shown as victims involved in prostitution. Apart from the legal issues involved in these cases, the insight into human behaviour, outlook of the Society regarding Spas and Massage Centres, ignorance of the Science behind Massage and the urgent need to get out of the preconditioned mind of the majority who unfortunately see Spas and Massage Centres as brothel houses, is essential for a proper appreciation, and understanding of this issue.

2. A brief history about Massage

2.1. At some point in our lives every one suffers from minor injuries, pain or discomfort. Our instinctive reaction is to rub or hold the affected area to ease the pain. If you stub your toe or have a stomach ache, you rub it to stop it from hurting so much. Early man probably soon learnt that, whilst rubbing painful areas of his body, certain plants could be applied which would help to ease the pain and promote healing. This basic technique has been developed through the millennia into the system of massage we know today. Massage is the systematic manipulation of the soft body tissues for therapeutic purposes. The English word massage is derived from the Arabic word ‘mass’h’, which means to press gently. This itself gives a hint to the long history of massage. Massage in its most basic form has been around as long as man, however today there are many highly specialized forms of massage all derived from these basic techniques.

2.2. The first documented descriptions of massage dating back to about 3,000 BC were discovered in China. Chinese Taoist priests practiced ‘Qi Gong’ - meditative movement revealing and cultivating the vital life force. Traditional Chinese medicine is based on the principle that every illness, ailment or discomfort in the body is due to an imbalance of ‘Qi’. In about 1,000 BC Japanese monks began to study Buddhism in China. They witnessed the healing methods of traditional Chinese medicine and took them back to Japan. In Japan the practice of medicine mostly consisted of diagnosis and treatment with massage-type methods. The Japanese not only adopted the Chinese style, but also began to enhance it by introducing new combinations, eventually reaching a unique Japanese form called Shiatsu. Shiatsu is a Japanese word derived from ‘shi’ meaning finger and ‘atsu’ meaning pressure. It is a technique similar to that used in acupuncture but without needles and with extra movements involved.

2.3. Civilization in India also dates back to about 3,000 BC. Around 1,800 to 500 BC the Vedic Indian culture spread westwards towards the river Ganges. They developed a unique form of medicine know as Ayurvedic medicine. They wrote several great books that recorded their techniques. One called ‘Ayur Veda’ which means ‘the arts of life’, dates back to 1,700 BC and describes some simple massage and herbal treatments for various conditions.

2.4. Native Americans also used heat and massage with herbs to treat many problems. The Cherokee and Navaho were among many tribes who rubbed their warriors before they went to war and when they returned. Massage was used to ease the labor pains of women and colic in infants.

2.5. The ancient Greeks valued the benefits of massage very highly, using it in most avenues of daily life. Techniques were developed to help athletes to keep their bodies in the best condition for competitions. They also used massage for relaxation. Herodotus, a historian who lived from 484 to 425 BC, recorded the fact that certain herbs had a sedative action whilst others were more refreshing. Physicians of the time such as Hippocrates (460 to 377 BC) ‘the father of me