PUBLIC SAFETY AND LIABILITY IN MASS GATHERINGS

INTRODUCTION

India is a with large population and with rich cultural heritage. India witnesses mass gatherings in religious festivals, political rallies and sports celebrations that often draw enormous crowds. These events shows the nation’s spirit but it sometimes ends in tragic consequences. For example events like the Kumbh Mela, considered as the world’s largest religious gatherings, that attracts millions of devotees, Vaishno Devi Shrine and Ratangarh Temple are some of the religious stampedes. The 2025 stampede during Royal Challengers Bengaluru’s IPL Victory parade is the latest reminder of the risks and doubts the legal responsibility and public safety.

KUMBH MELA STAMPEDE

The Kumbh Mela, held every 12 years at Prayagraj (formerly Allahabad), is the world’s largest religious gathering, attracting tens of millions of pilgrims. Despite its spiritual significance, the event has a long and tragic history of deadly stampedes and crowd crushes, exposing critical challenges in public safety and legal liability.

The Kumbh Mela has witnessed multiple fatal stampedes over the past two centuries, from 1954 to 2025 with some of the most severe occurring in:

1954 Prayag Kumbh Mela: Over 800 pilgrims died in a stampede during Mauni Amavasya, triggered by a crowd surge near the riverbank and exacerbated by narrowing space due to the Ganges changing course. The disaster was worsened by inadequate crowd control and the presence of VIPs, which diverted attention from general safety. The tragedy led to a judicial inquiry headed by Justice Kamala Kant Verma, whose recommendations shaped future crowd management policies.

Other Notable Incidents:

1986 Haridwar Kumbh: Around 200 deaths.

2003 Nashik Kumbh:39 deaths and over 100 injuries.

2013 Prayagraj: 42 deaths after a footbridge collapse.

2025 Maha Kumbh Mela: At least 30 deaths and 90 injuries in a stampede caused by a barrier collapse during Mauni Amavasya.

HATHRAS STAMPEDE, UTTAR PRADESH

On July 2, 2024, a deadly stampede at a religious gathering in Hathras district, Uttar Pradesh, claimed the lives of at least 121 people, mostly women and children. The event was a satsang (prayer meeting) led by Hindu guru Suraj Pal, popularly known as Bhole Baba. This tragedy is one of the deadliest crowd disasters in recent Indian history and highlights critical issues of public safety and legal liability in mass gatherings.

Around 250,000 devotees gathered at the event, though permission was granted only for 80,000 attendees. The venue was a muddy field with a large makeshift tent.

The stampede occurred as the event was ending, when many devotees surged forward to touch the guru’s feet as he left the stage. Overcrowding, heat, humidity, and poor infrastructure contributed to panic and chaos inside the enclosed tent. Some people slipped on the muddy ground, causing a domino effect. Reports indicate that attempts were made by organizers to destroy evidence, including throwing victims’ clothes and footwear into nearby fields.

THE RCB STAMPEDE

On June 4,2025: The RCB IPL victory celebrations at M Chinnaswamy Stadium, crowd numbers where more than the venue’s capacity which led to the stampede resulted in 11 deaths and many of the people where injured. The capacity of the stadium’s capacity is just 35,000 but the fans were more than 3-4 lakhs flooded in the area which overwhelming for organisers and security.Fans tried to force their way towards narrow gates and led to panic and chaos. Emergency services struggled to reach the injured people as the crowd surged, and scattered shoe and jerseys were torn.

The causes of the incident include

·    Crowd far exceeded than the planned capacity and the security measures were insufficient.

·       Entry was free which led to the uncontrolled attendance of people.

·       Overcrowding and poor coordination among organisers.

·       Insufficient or narrow entry and exit points.

·       Lack of real time crowd monitoring using CCTV and drones.

·       Behavioural triggers like rumours, panic and surges.

·       Structural failures like in the event a temporary slab was collapsed.

FIR were registered against RCB, the event management company, and the Karnataka State Cricket Association. Four people including event mangers and RCB representatives were also arrested.The Karnataka Government announced Rs.10 lakh compensation per deceased and ordered a magisterial inquiry. RCB franchise also announced compensation for affected families. The High Court took suo moto cognizance and top police officials were suspended.

In the RCB stampede:

• The uncontrolled crowd could be seen as an “unlawful assembly” because of forced entry and breaking barriers under section 189 of BNS.

• Organisers and authorities failed to prevent overcrowding or provide safe access.

• Any individual or group intentionally blocking exits or cuasing panic could be charged under Section 126(2) BNS for Wrong restraint.

• The provocation or mismanagement led to rioting, Section 192 BNS.

Tragedies could be prevented by the strict enforcement of venue capacity and advance ticketing. Real time crowd monitoring. Arranging multiple entry and exit points. Providing emergency medical services, first aid and other essentials.

APPLICABLE LEGAL FRAMEWORK

The applicable legal frameworks under new criminal laws are

1. Offences Against Public Tranquility BNS (Sections 189)

   Section 189 BNS:

   Unlawful Assembly: Any assembly of five or more persons becomes “Unlawful” if their common object is to overawe government, resist law, commit offences, forcibly posses property, or compel unlawful acts. This provision empowers authorities to disperse crowds and prevent violence, mirroring and updating the IPC Section 141.

2. Section 126(2) BNS:

   Wrongful Restrain: This section criminalises voluntarily obstructing another person’s movement, with punishment up to one month’s imprisonment or a fine up to Rs.5,000 reinforcing the right to safe movement at a public events.

3. Punishments Section 4 BNS: Punishment for offences under BNS include death, life imprisonment, rigrous or simple imprisonment, forfeiture of property, fine and community services.

4. Liability and Accountability: The BNS holds both organisers and authorities responsible for ensuring public safety. If negligence or unlawful assembly leads to harm, both can face criminal and civil liability under relevant sections.

CONCLUSION

The management of public safety and liability in mass gatherings in India remains a critical challenge. The public safety at mass gatherings is not only just a legal obligation but it is also a moral imperative. The law provides legal framework and provisions, though it is the collective responsibility of the organizers, authorities and the people to ensure the safety, security and memorable memories to all. The BNS,BNSS and BSA 2023 modernizes India’s approach to public safety, clearly defining the offences like unlawful assembly, wrongful restraint and provocation to riot and assigning strict penalties to those who involve in these activities. Organizers and authorities must be actively control and must be strict and provide safety and security only then tragedies be prevented. Ultimately, safeguarding lives in mass gatherings is not just a legal duty—it is a moral obligation. Only through coordinated effort, accountability, and compassion can India turn these high-risk events into safe and truly celebratory experiences.

~Authored by Jayashree.S

4th year, B.A,LL.B (Hons)

 Veltech University,Chennai