In the Delhi Stampede case, pleas have surged the Apex Court seeking formulation of
guidelines as a preventive measure to avoid death tolls in stampede accidents. Several other
pleas are queued seeking implementation of the 2014 NDMA guidelines with regard to the
management of railway stations.
In a previous incident of the recent Prayagraj Kumbh Stampede case on 29th January 2025,
the Supreme Court repelled from entertaining pleas on the matter and rather directed the
matter to the High Court of Allahabad.
An Overview
India has witnessed some of the most fatal stampedes in history counted from freedom
spanning 70 years. Nonetheless, over seventy percent of these occurrences are consequences
of religious rallies and activities, followed by sports and entertainment events and political
influx.
Why in the news?
Within two months, the year so far has seen three such disasters – the Prayagraj Kumbh
Stampede on 29th January, the Delhi Stampede on 15th February, and the Tirupati Temple
Stampede, claiming the lives of 30, 18, and 6, respectively, including dozens of children and
leaving over a hundred injured. In the previous two decades, over three thousand individuals
have lost their lives in these disasters, with religious gatherings claiming a whopping eighty
percent of these.
What is meant by a “Stampede”?
A stampede is a man-made disaster that occurs due to the concentration of people more than a
particular venue could accumulate; precisely, those exceeding six individuals per square meter
are in a high-risk zone for such a disaster.
Such a crowd, when exposed to perceived threats such as panic, rumours, loud noises, and
disasters, leads to chaotic situations. In addition, the absence of proper entry and exits, lack of
security personnel, and lack of communication result in stampedes.
Stampedes in a Legislative parlance
Indian legislation so far has not committed any statutory interference in establishing a clear
policy ground for establishing liability, penalizing the uprooters and stakeholders, and
compensating the family members of victims who fell prey to such stampedes. The issue is an
unresolved contention.
The National Disaster Management Authority (NDMA), a statutory body under the Disaster
Management Act of 2005, issued a guide for state governments, local authorities,
administrators and organizers in the year 2014 titled “Managing Crowd at Events and Venues
of Mass Gathering.”
However, the guide is advisory and could not be judicially enforced either under the Act of
2005 or under articles 32 and 226 of the Constitution.
Provisions of the existing law entitling statutory liability in the Stampede
cases
The provisional lacunae arising in this grey area are incapable of inducing liability of either
kind in the matters of a stampede in a direct encounter.
However, some elements within a stampede are legally identifiable and actionable under
existing laws.
Key aspects such as death caused by negligence, endangerment of public life, and failure of
duty by authorities or organizers provide a legal basis for accountability and remedies. Some
of them are as follows:
- Bhartiya Nyaya Samhita, 2023 – Section 106 of the Samhita penalizes and holds
accountable for death caused due to negligence not amounting to culpable homicide
with imprisonment of up to 5 years and a fine. Section 125 of the said Act punishes
such acts that endanger the life and personal safety of others with imprisonment of up
to 3 years, or a fine of up to Rupees 10,000, or both. - Disaster Management Act, 2005 – Though the Act does not enclose a comprehensive
coverage of stampedes, sections 12 and 19 empower the Central and State authorities,
respectively, to issue guidelines for a minimum standard of relief to the victims of
disasters. - Public Liability Insurance Act, 1991 – The Act is not a priori mandate to cover
insurance for accidents of a stampede-specific nature. However, organizers of mass
gatherings are encouraged to obtain appropriate public liability insurance policies to
cover potential risks associated with large crowds. Therefore, it has a limited scope in
the matter. - Bhartiya Nagarik Suraksha Samhita, 2023 – Section 396(1) of the Act provides for
a Victim Compensation Scheme, which states that every State Government, in
coordination with the Central Government, shall prepare a scheme for providing funds
for compensation to the victim or his dependents who have suffered loss or injury as a
result of the crime and who require rehabilitation.
Why is there a global unavailability of laws on this subject matter?
The difficulty in enacting direct legislation to address stampedes is an intricate reason
comprising of several elements, primarily:
- Diversity of events,
- Political and social sensitivity surrounding mass gatherings,
- Practical challenges of enforcement.
The existing laws are deemed sufficient to handle the aftermath of these accidents, but the
absence of a risk-mitigating legislative enactment questions the purpose of the law as a means
to justice. The given instances highlight the lack of legal regulations, infrastructural
development, training of monitoring personnel, and public awareness to mitigate risks.
Author
Tanishq, a law student at the Department of Legal Studies and Research, Barkatullah Vishwavidyalaya, Bhopal, is a budding legal writer with a sharp eye for evolving legal landscapes. Passionate about Intellectual Property Rights, Constitutional Law, and Women and Child Safety Laws, Tanishq actively explores contemporary legal nuances through writing and research.
References:
https://indianexpress.com/article/india/supreme-court-maha-kumbh-stampede-plea-prayagraj-9814659
https://www.preventionweb.net/media/99047/download?startDownload=20250217
https://ndma.gov.in/sites/default/files/PDF/Reports/managingcrowdsguide.pdf
