The tragic stampede in Hathras on July 2, 2024, which resulted in over 100 fatalities, has brought to light the pressing need for effective laws and regulations to prevent such disasters. This article explores the legal framework in India concerning stampedes and crowd management, emphasizing the responsibilities and potential legal repercussions for organizers and authorities.
Bharatiya Nyaya Sanhita (BNS), 2023
The BNS, which replaces the IPC, includes specific provisions relevant to incidents like stampedes.
Section 106: Death by Negligent Act
This section covers deaths caused by rash or negligent acts, increasing the punishment to up to five years of imprisonment. For medical practitioners, the term remains up to two years.
Indian Penal Code (IPC), 1860
Disaster Management Act, 2005
Public Liability Insurance Act, 1991
Local Municipal Laws and Guidelines
Enforcement and Accountability
Court Rulings and Directives
1. Rahul Jain v. Union of India (2014)
Adequate planning and preparedness by local authorities.Installation of CCTV cameras to monitor crowds.Deployment of sufficient police personnel to manage large gatherings.Ensuring proper signage and public address systems to guide the crowd.
2. Suo Motu PIL on Kumbh Mela Stampede (2013)
Following the stampede during the Kumbh Mela in Allahabad, the Allahabad High Court took suo motu cognizance and issued several directives:
Mandatory preparation of a detailed crowd management plan by the state government.Ensuring medical facilities and emergency response teams are on standby.Setting up temporary hospitals and first aid centres at the event site.
3. Stampede at Sabari Mala Shrine (2011)
After the stampede at the Sabari Mala shrine in Kerala, the Kerala High Court intervened with specific instructions:
Limiting the number of pilgrims allowed to visit the shrine at any given time.Implementing advanced booking systems to manage crowd flow.Establishing a centralized command center for real-time monitoring and coordination.
4. High Court of Karnataka on Bangalore’s Fireworks Show (2009)
Detailed risk assessment and safety plans for public events.Coordination with local fire and emergency services.Strict enforcement of safety regulations and penalties for non-compliance.
5. Supreme Court Directive on Safety at Religious Gatherings (2000)
Mandatory crowd control measures for events expecting large turnouts.Ensuring multiple entry and exit points to prevent bottlenecks.Regular safety drills and training for event staff and volunteers.
Key Directives Commonly Emphasized:
Advanced Planning: Authorities must prepare comprehensive plans for managing large crowds, including risk assessments and emergency response protocols.Real-time Monitoring: The use of technology, such as CCTV cameras and public address systems, to monitor and manage crowds effectively.Medical Preparedness: Availability of medical facilities and emergency response teams to handle potential casualties.Public Awareness: Proper signage, announcements, and information dissemination to guide the crowd and prevent panic.Collaboration with Law Enforcement: Coordination with police and emergency services to ensure adequate security and swift response in case of emergencies.