Legal Framework Governing Stampede Disasters in India

Author: Ishnoor Kaur, Rajiv Gandhi National University of Law, Punjab
Linkedin Profile: https://www.linkedin.com/in/ishnoor-kaur-99a5bb207/


Abstract


The article complies with the meaning, causes, impacts, and consequences of a stampede situation in India. Further, the preventive guidelines provided by the National Disaster Management Authority (NDMA) and the legal framework persist in the country’s statute, highlighting the probable challenges in its implementation. The penal provisions provided under the Bhartiya Nyaya Sanhita and other statutes that are considered in a stampede situation have been elaborated as well. Lastly the very recent stampede incidents in India.

To the Point


A stampede is a situation where a large number of people suddenly go uncontrolled driven by panic. Such impulsive commotion in the crowd causes unfortunate casualties and injuries. A stampede may be triggered by perceived danger or to attain something common in compact physical spaces. People in such stampedes face traumatic asphyxia, myocardial infarction, direct crushing injuries to internal organs, head injuries, and neck compression. The causes of a stampede situation are categorized by NDMA as:


Structural Causes-
Stampedes caused by the structural collapse of barricades, bamboo railings, wire fences, metal barriers, or any other temporary structures constructed to manage the crowd. Besides collapsing, it can be caused by difficult terrain, for example, muddy roads, narrow streets, or poorly guarded railings.


Fire or Electricity Triggers-
The danger caused by fires or electric mishaps can also lead to stampede situations. Unauthorized fireworks in enclosed places and electricity supply failures create panic and trigger a sudden exodus.


Crowd Control-
Other causal factors include the gathering of more than anticipated crowds at stores, malls, political rallies, examinations, religious places, and public celebrations. The underestimation of crowds and lack of proper exits to control the commotion.


Crowd Behaviour-
There are a few situations where solely the crowd behavior is responsible for causing panic and chaos. For example, crowds attempting to enter a venue after the start/closing time; a large number of pilgrims trying to board a ferry for a sacred island site; free distribution of gifts, toys, food, Prasad, alms, blankets, cash, clothes, etc. triggering a surge and crush.


Security Failure-
Police arrangements for crowd management often lack systematic planning and scientific approaches. For effective control, each sector should be supervised by a designated officer with enough staff, and all sectors should report directly to a senior officer in charge.

Unfortunately, these necessary structures are not always in place. Such failures are the result of a lack of arrangements by the concerned authorities.


Lack of Coordination between Stakeholders-
Another major challenge in managing large crowds in India is the frequent lack of coordination among various agencies. Weak infrastructure, insufficient facilities like water and medical aid, and poor public transport or parking further complicate the situation. Adding to these problems are unclear responsibilities, slow communication, delayed or vacant postings of key personnel, and sometimes unsafe local decisions.

The Proof


The Government of India has established various bodies for laying down policies, plans, and guidelines for disaster management like National Disaster Management Authority (NDMA) at the national level, the State Disaster Management Authority (SDMA) at the state level, the District Disaster Management Authority (DDMA) at the district level. The National Institute of Disaster Management (NIDM) is responsible for planning and promoting training and research in the area of Disaster Management, and the National Disaster Response Force (NDRF) is constituted for the purpose of specialist response to a threatening disaster situation or disaster.
NDMA felt the concern to formulate an integrated and structured approach to crowd and disaster management in public places of mass gatherings. NDMA released a guide for State Government, Local Authorities, Administrators, and Organizers, called ‘Managing Crowd at Events and Venues of Mass Gathering’, to enable these authorities to prepare appropriate guidelines and plan for effective and efficient crowd management. These guidelines were released in 2014 yet there have been several stampede cases indicating failure in the proper implementation of these guidelines.

Guidelines by NDMA


Managing large gatherings in India, especially during festivals and religious events, requires a holistic and scientific approach to crowd safety, something the National Disaster Management Authority (NDMA) has emphasized in its comprehensive guidelines. The NDMA recommends a thorough understanding of visitor profiles, capacity planning, and risk assessment before any event. Organizers are advised to regulate traffic flow, use clear route maps, and strategically deploy barricades to guide crowds safely. Security is a top priority, with suggestions for extensive CCTV coverage, increased police presence, and effective management of unauthorized parking and stalls. Medical preparedness is also crucial: NDMA advises having ambulances and trained medical staff on standby, along with visible signage to direct people to emergency medical facilities. Fire and electrical safety are highlighted, urging organizers to ensure safe wiring, careful use of LPG cylinders, and strict control over fireworks.
The guidelines also call for robust information management using public announcements, signage, and digital tools to keep attendees informed about exit routes and emergency procedures. Importantly, the NDMA stresses the need for coordinated efforts among all stakeholders, including local authorities, police, fire services, medical teams, and event organizers. They encourage community involvement and regular training to build capacity and preparedness. Finally, the NDMA supports the use of technology such as online registration, integrated databases, and crowd simulation software to anticipate risks and respond effectively. By following these structured, collaborative, and technology-driven strategies, India can significantly reduce the risk of stampedes and ensure safer public gatherings for all.

Challenges in the Implementation


In spite of the guidelines given by the National Disaster Management Authority, India faced tragedies and loss of lives in different stampede situations. Such failures in the management of crowds may be because of a lack of proper planning by the organizers or the concerned government bodies. A major reason for the lack of precautionary measures is that these guidelines are merely advisory and are not regulated or binding on the organizing or managing authorities of such events. Hence the organizers often skip the important precautionary measures, for example using temporary barricades which can easily be broken instead of strong material fencing. In some situations, religious or political influences overpower rules and regulations that are made for the security of the people.  Another problem is the lack of properly trained staff and manpower to control crowds, which includes police, medical staff, and other security personnel. There is also poor coordination among the inter-departmental authorities of the district or the state organizing such huge events.

Legal Framework


Penal Provisions:
Bhartiya Nayaya Sanhita, the criminal law code in India. It lays down laws to hold individuals and organizations accountable for their failure to maintain safety standards
Section 105- the section deals with causing someone’s death through an act that is likely to cause death, but without the specific intent to kill.
Section 106- it includes death caused by negligence
Section 118 (1)(2)- hurt or grievous hurt caused by using dangerous weapons or hazardous methods.
Section 125- it deals with an offense of endangering human life or personal safety by rash or negligent act.
Section 190- an offense committed by a member of the unlawful assembly to achieve the common goal of the assembly.

Other Statutes:
Disaster Management Act, 2005- It outlines the responsibilities of various bodies, including the National Disaster Management Authority (NDMA) and State Disaster Management Authorities (SDMA). It lays down protective measures and a framework to provide prompt response when needed.
Relevant sections- 24, 33, 34, 41, 51–53, 58, 65, relating to crowd regulation and safety.
Public Liability Insurance Act, 1991- Under this law, event organizers are required to obtain sufficient insurance coverage to protect against accidents that may occur at public gatherings, guaranteeing that victims receive compensation in the event of incidents such as stampedes. The legislation makes it mandatory for organizers to address financial liabilities resulting from any mishaps, prioritizing the well-being and rights of those affected.

Recent Tragedies
RCB Victory Parade Stampede
Date: 4th June 2025
Location: Bengaluru, Karnataka
Royal Challengers Bengaluru (RCB) won the Indian Premier League (IPL) cup on 3rd June 2025 and the victory parade planned on the next day outside Bengaluru’s M. Chinnaswamy Stadium turned into an unfortunate mishap because of mismanagement. The stampede took the lives of 11 persons and injured 47. A lack of proper communication and inter-departmental cooperation was observed in this recent incident. Firstly, there was no credible and definite information relating to the happening of the event. According to The Hindu, there were different stances about the parade and no communication between the organizers, Bengaluru City Police, and Bengaluru Traffic Police. Secondly, there was no clarity about the availability of the tickets for the event. “The media team first did not say where the tickets for the event were available. They later said that it would be available on the website, but by then, there were already many rumors on social media,” explained Praveen Shetty, a long-time RCB fan.
“The biggest challenge for security right now is social media as people tend to believe whatever they see on their social media feeds.” said Priyank Kharge, Minister of Information Technology and Biotechnology (IT & BT). There was no clear instructions about the event.
The incident being very recent is still unclear about the actual reason behind the failure of proper management, but it becomes clear that to a large extent the political pressure, miscommunication, and lack of proper information delivered were the reasons responsible for such a tragic parade.

Maha Kumbh Mela Stampede


Date: January 29, 2025
Location: Prayagraj, Uttar Pradesh
The Maha Kumbh Mela 2025 took place in Prayagraj from January 13th to February 26th, marking a revered spiritual event. Maha Kumbh was organized after 144 years to the excitement of millions. As one of Hinduism’s most sacred pilgrimages, the Kumbh Mela is celebrated four times over a 12-year cycle, but this particular gathering is considered especially significant. Many devotees eagerly await certain dates, when celestial bodies come in a certain alignment, for the holy bath at the Sangam, believing these moments to be especially auspicious. This year’s Maha Kumbh reportedly drew an extraordinary crowd, with estimates suggesting that over 40 crore (400 million) pilgrims from across India and around the globe joined in the festivities and rituals.


On a key bathing day, Mauni Amavasya, some pilgrims started settling to take a holy dip. This created a lot of congestion in the pathway, causing a stampede situation. Though the government officials remained tight-lipped, at least 30 people were killed, and 60 were injured according to the reports. But this figure is far from the real numbers. Social media platforms have attempted to address the government’s negligence and dishonest representation of the number of casualties. The government lacked in keeping transparency and failed to provide necessary medical aid.


The cause of the stampede can be traced back to the behaviour of the crowd which led to panic and chaos. But such problems were well anticipated and could have been avoided. The exit arrangements and distinct paths were not properly made by the organizers. Immediate access to medical facilities and emergency exit lanes for the ambulances were not there.
On June 7th, 2025, while considering a petition, the vacation bench of Justices Saumitra Dayal Singh and Sandeep Jain expressed concern that the government’s response seemed inconsistent and showed little regard for the hardships faced by those affected. The petition, brought by Uday Pratap Singh, prompted the court to direct the state government to provide a comprehensive report on the number of fatalities, the condition of the injured, and the medical teams involved in caring for victims of the stampede. Although the government officially acknowledged 30 deaths and promised compensation of ₹25 lakh per family, the court noted that this financial support had not yet reached the grieving families.


Conclusion


Stampedes are considered unfortunate disasters that cannot be handled, but this understanding is incorrect. A stampede can be certainly avoided with proper precautions and preparedness. Though a whole panic situation might not be avoided, in large gatherings at public places it can be anticipated, and with the right decision-making, communication, and dissemination of information at the correct times, the number of deaths can be decreased.

FAQS
What is a stampede?
A stampede is a situation where a large number of people suddenly go uncontrolled driven by panic. This usually results in injuries and casualties.

How can a stampede be avoided?
The government needs to make strict laws, putting legal sanctions on such organizing authorities. The crowd allowed to enter or visit the concerned area should be limited according to the capacity.

What is NDMA?
NDMA is the apex body for disaster management in India, established under the Disaster Management Act, of 2005. It is responsible for preventing and combating disasters in the country.

How to stay safe in a stampede situation?
In a crowd crush, try to adopt a “boxer position,” which involves putting your hands in front of you and raising your elbows to protect your chest and head. Stay hydrated and move in the direction of the crowd.

How much compensation will the victims of RCB parade stampede receive?
The State government, which had earlier announced compensation of ₹10 lakh, later raised it to ₹25 lakh following severe public backlash. – The Hindu


References


https://theamikusqriae.com/legal-framework-and-accountability-in-crowd-management-analyzing-stampede-incidents-in-india/
https://ndma.gov.in/sites/default/files/PDF/Reports/managingcrowdsguide.pdf
https://thelawgist.org/stampede-disasters-in-india-legal-framework-deadly-trends/

Leave a Reply

Your email address will not be published. Required fields are marked *