Cases of Victim Compensation during Stampedes in India

Victim compensation in India frequently becomes a critical issue during large gatherings for religious festivals, political rallies, and public events, which, despite their cultural and social significance, occasionally result in tragic stampedes. A stampede is an impulsive mass movement of a crowd that often results in injuries and deaths. Stampedes can start due to rumors, poor planning, and overcrowding. These incidents often lead to severe injuries and loss of life, prompting urgent questions about the effectiveness and adequacy of the country’s victim compensation mechanisms.

Victim compensation is a fundamental component of social justice, providing crucial financial relief and support to those affected by unforeseen tragedies. In the context of stampedes, timely and fair compensation is essential for alleviating the immediate trauma and financial strain on victims and their families. It also reflects the state’s commitment to its citizens, fostering a sense of justice and trust in public institutions.

Over the years, India’s legal and administrative framework for victim compensation has evolved, encompassing various laws and schemes designed to address the needs of victims. However, the effectiveness of these mechanisms often comes under scrutiny in the chaotic aftermath of stampede incidents. Challenges such as bureaucratic delays, inadequate compensation amounts, and lack of awareness among victims about their rights can impede the delivery of justice.

This article explores the complexities of victim compensation in India, focusing particularly on stampede incidents. It reviews the legal framework, past incidents, and the importance of the victim compensation scheme in such matters. Through detailed case studies and analysis, it offers recommendations for a more robust and responsive compensation system. Addressing these issues is essential to ensuring that victims of such tragic events receive the support they need and are not left to bear their burdens alone.

CAUSES OF STAMPEDE

Stampede is the disruption of the orderly movement of the crowd, which leads to injuries and fatalities, often in response to perceived danger, loss of physical space, or a will to attain something seen as gratifying.[1] According to the National Disaster Management Authority, stampedes can be caused by:

A. STRUCTURAL COLLAPSE

collapse of temporary structures, bridges,
slippery or muddy roads,
Windowless structures,
narrow stairs,
narrow and very few entry and exits,
absence of emergency exits, or
unauthorized construction surrounded by brick walls preventing evacuation.

B. UNCONTROLLED CROWD

Larger than anticipated crowd due to overselling of tickets for an event,
lack of excess control,
locked exit,
uncontrolled parking and movement of vehicles,
Lack of adequate and strong railings to marshal the queue,
lack of a proper public address system to control the crowd.

C. LACK OF SECURITY

underdeployment of security personnel to regulate the crowd,
lack of adequate scientific planning for making security arrangements,
inadequate briefing of security personnel on crowd control before deployment,
lack of adequate CCTV surveillance on crowd control and
lack of communication among the security personnel.

D. LACK OF COORDINATION BETWEEN STAKEHOLDERS

coordination gaps between agencies,
poor infrastructure,
delay in the posting of personnel,
lack of understanding of the range of duties entrusted,
communication delay.

By addressing these causes and ensuring a proper planning system, the stampedes can be prevented.

RECENT STAMPEDE EVENTS

Various stampede incidents have happened, mostly in religious matters. According to a 2013 study in the International Journal of Disaster Risk Reduction, 79% of stampedes in India happen at religious gatherings and pilgrimages. Some of the recent examples are as follows:

1. HATHRAS STAMPEDE, UP (2024)

On July 2, a stampede at a religious event in Pulrai village, Uttar Pradesh, led to at least 121 deaths and 25 injuries. The event, hosted by a self-proclaimed godman, Bhole Baba, saw an attendance of about 2.5 lakhs people, far exceeding the permitted 80,000. The chaos started when the preacher was about to leave, leading to a surge that crushed many attendees. Police have filed a case against the main organizer and others, charging them with several offenses, including culpable homicide.

2. MATA VAISHNAV DEVI SHRINE (2022)

A stampede at the Mata Vaishno Devi Shrine resulted in the deaths of 22 people and injuries to 32 others.

3. RAJAHMUNDRY STAMPEDE (JULY 2015)

This stampede occurred on the opening day of the Pushkaralu festival on the banks of the Godavari River in Rajahmundry, leading to the deaths of 27 people.

4. DATIA STAMPEDE, OCTOBER 2013

During Navaratri in October 2013, a stampede on a bridge near Ratangarh Mata temple in Datia District, Madhya Pradesh, resulted in 115 deaths.

LEGAL FRAMEWORK

BHARATIYA NYAYA SANHITA, 2023

SECTION 106: CAUSING DEATH BY NEGLIGENCE

Rash or negligent acts causing death not amounting to culpable homicide: Imprisonment up to five years and a fine.
Rash and negligent driving causing death and escaping without reporting: Imprisonment up to ten years and a fine.

SECTION 125: ACT ENDANGERING LIFE OR PERSONAL SAFETY OF OTHERS.

Rash or negligent acts endangering human life: Imprisonment up to three months or a fine of up to ₹2,500, or both.
If hurt is caused: Imprisonment up to six months or a fine of up to ₹5,000, or both.
If grievous hurt is caused: Imprisonment up to three years or a fine of up to ₹10,000, or both.

BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

SECTION 396(1): VICTIM COMPENSATION SCHEME

Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation

DISASTER MANAGEMENT ACT, 2005

Section 12: GUIDELINES FOR MINIMUM STANDARD OF RELIEF

The National Authority shall recommend guidelines for minimum standards of relief to disaster-affected persons, including shelter, food, drinking water, medical cover, sanitation, special provisions for widows and orphans, ex gratia assistance, and other necessary relief.

SECTION 19: GUIDELINES FOR MINIMUM STANDARD OF RELIEF BY STATE AUTHORITY

The State Authority shall lay down detailed guidelines for providing standards of relief to disaster-affected persons in the State.

NATIONAL DISASTER MANAGEMENT AUTHORITY CROWD CONTROL GUIDELINES

The guiding principle for crowd control should be managing demand-supply gaps through controlling crowd inflow, regulating the crowd at the venue, and controlling outflow. Proper planning should consider:

A long-term perspective
The importance of friendly servers
Anticipating challenges by identifying the crowd’s makeup and motivations
Uniformly dressed crowd control staff with high visibility
Effective communication among crowd control staff and with the crowd
Ample, unobstructed entrances and exits, including emergency routes
Continuous crowd monitoring

Failure to follow these guidelines can lead to stampedes caused by overcrowding, lack of exits, and inadequate control staff, resulting in loss of lives.

GOVERNMENT COMPENSATION FUNDS

Various government schemes and funds provide compensation to stampede victims. Some of them include:

1. PRADHAN MANTRI NATIONAL RELIEF FUND

The resources of the PMNRF are now utilized primarily to render immediate relief to families of those killed in natural calamities like floods, cyclones, earthquakes, etc., and to the victims of major accidents, including stampede.

For example, an amount of Rs. 2 lakhs would be given to the next of kin of those who lost their lives from PMRF due to the stampede at Mata Vaishno Devi Bhawan in 2022. The injured would be given Rs. 50,000.

2. CHIEF MINISTER RELIEF FUND

In the event of stampedes, various state governments have different Chief Minister Relief Funds from which compensation is provided. For instance, in Uttar Pradesh, there is the Chief Minister Distress Relief Fund, which provides Rs. 50,000 to the injured and Rs. 2,00,000 to the families of the deceased.

CONCLUSION

India has experienced numerous stampede events, particularly in religious places, due to inadequate crowd management and insufficient preventive measures. Despite the frequency of these incidents, a proactive approach that considers factors such as crowd anticipation and the availability of sufficient exit doors remains lacking. Currently, the only legal guidance available is through the NDMA guidelines for crowd management, which are not robust enough to ensure a preventive approach to dealing with stampedes.

In the aftermath of such events, various funds, including, the Prime Minister’s National Relief Fund (PMNRF), and state-specific Chief Minister’s Relief Funds (CMRF), provide financial assistance to victims. However, the compensation amounts are often insufficient to cover the profound loss of human lives.

Therefore, there is an urgent need for a comprehensive legal framework specifically addressing stampede prevention. This framework should include stringent regulations for crowd management, mandatory safety measures, and clear protocols for coordination between different government departments. By establishing such a framework, the government can take a more proactive stance to prevent stampedes, ensuring the safety and well-being of the public and minimizing the tragic consequences of these avoidable disasters.
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BIBLIOGRAPHY

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[1] Illiyas, F., S. Mani, A. Pradeepkumar and K. Mohan, Human stampedes during religious festivals: a comparative review of mass gathering emergencies in India, International Journal of Disaster Risk Reduction, 5:10-18 (2013).