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Need for an immediate central law on rallies
This article is authored by Mina Anand, lawyer and writer, Bengaluru.
Year after year, human lives are lost in stampedes. The numbers are endless and heart-wrenching; 2024 saw the Hathras tragedy, where hundred devotees died while rushing to venerate a preacher.
Then, in 2025, the stampede at the Kumbh Mela in January (30 killed, 90 injured); in Bengaluru, in June, at the RCB victory celebrations (11 deaths and 56 injured). And now, the TVK rally in Karur, Tamil Nadu where 41 people have died; over 80 hospitalised.
The Karur catastrophe highlights the enormity, of the state of affairs. The time has come to put a stop to these man-made calamities, caused by sheer negligence and apathy. To have a central law (quite apart from the existing Disaster Management Act), enacted specifically for preventing stampede disasters.
To that end, the central government must urgently bring in an ordinance, till such time the national statute on the subject, comes into being. The ordinance must govern the detailed and safe conduct of all public rallies, across the country. India badly needs such critical action, else more lives are lost. The Karur rally meant for 12,000 swelled to about 50,000 with fans waiting hours in steaming heat to catch a glimpse of film star politician, Vijay. The planning was haphazard--inadequate police bandobast, poor medical facilities; crowded venue and all round lack of preparedness.
There was mass fainting, suffocation, lathi-charge, and utter chaos. Who is responsible for the disaster? And for the earlier stampedes? No one, it would seem. The organisers, police and municipal authorities are rarely ever found guilty. In the aftermath, political leaders will visit the bereaved families, offer condolences and some ex gratia payments; set up commissions of inquiry; make scapegoats of some officials, arrest a few and then leave things to fade away. Public memory, being very short, the matter does fade away.
This disregard for the safety of those attending crowded events is not something new. Political rallies are generally quite safe. It is when movie stars or sporting icons attend public functions that crowds become unmanageable.
This is something that event managers and state functionaries must keep in mind and take precautions. They must be ready to act swiftly in any emergency and have everything in place beforehand.
Law and order is a state subject. With regard to mass assemblies, the state government, with the state police, is primarily responsible for ensuring that such events are conducted safely; coordinating with the organisers on all aspects--police protection, barricades, venue, timing, number of people expected and medical facilities.
Then there are various court orders on the subject of crowd control.
There is also the National Disaster Management Authority (NMDA); and the state, district and local authorities; established under the Disaster Management Act, 2005, a central statute; which applies to natural and manmade calamities; and inter alia, provides guidelines for crowd management.
However, nothing has been so far successful in addressing the matter. Therefore, considering the continuing onslaught of killer stampedes, and the sheer scale of the issue; there’s a pressing need for the Centre to enact a statute that applies exclusively to public rallies; a law that mandates that such large gatherings are conducted with utmost precision and protection. An act with watertight safety provisions, stringent punishment for those found guilty and fast-track courts specially set up to provide accountability.
Yes, the right to gather peacefully is a fundamental right, vide Article 19 (1) (b) of the Indian Constitution; but this right is not absolute. It is subject to reasonable restrictions, such as public order. Stampedes directly vitiate the sanctity of peace and order; and strike against the elemental right to live. This right to life is guaranteed by Article 21, and zealously guarded through the years, by the Supreme Court of India. The time to take action on this painful issue is now.
This article is authored by Mina Anand, lawyer and writer, Bengaluru.
