The Human Crush: A comprehensive analysis of the stampede epidemic in India

Introduction

A sudden, wild, and vigorous rush, known as a ‘stampede’, is a recurring phenomenon in India. A long history of these incidents also referred to as “human crushes,” occurs in various contexts, including religious gatherings, political events, and public celebrations, highlighting the urgent need for a comprehensive legal and policy framework to address them. This phenomenon has resulted in multiple deadliest incidents, ranging from the oldest recorded stampede at Kumbh Mela in Prayagraj, Uttar Pradesh in 1954[1] to the most recent tragedy at Hathras, Uttar Pradesh on July 2nd, 2024[2]. The survivors of these stampedes face multiple numbers of psychological, physical, and socio-legal struggles, including the loss of loved ones, inadequate compensation, protracted legal battles, and a lack of immediate healthcare and accountability. It examines historical data, scrutinizes existing laws and regulations, and proposes actionable solutions to mitigate future occurrences The ultimate objective of this research is to inform and shape safety protocols and policy reforms that can prevent such tragedies from occurring in the future and ensure that justice is served for those who have suffered harm.

Brief Overview of Human Stampedes in India

India has, regrettably, encountered numerous catastrophic stampedes throughout its history. Stampedes, particularly during religious events, are a heart-wrenching and calamitous occurrence. These events draw massive crowds of devotees and pilgrims, creating an environment ripe for disaster. The slightest trigger – be it overcrowding, an unexpected movement, a rumour, or a loss of visibility – can spark a chain reaction of panic, leading to a devastating stampede. The following are a few tragic human-crushing stampede events in India.

On February 3, 1954, a devastating crowd crush occurred at the Kumbh Mela in Prayagraj, Uttar Pradesh, India, resulting in the loss of over 500 lives, as reported in the book “Law and Order in India[3]”. The organizers’ inadequate implementation of crowd control measures, including insufficient barriers and poor access management, constituted a breach of their duty of care, creating a hazardous environment. The presence of numerous politicians distracted from safety efforts, diverting resources and exacerbating the risk of harm. Furthermore, the unexpected change in the Ganges River’s course reduced available space and restricted movement, heightening the risk of a stampede[4]. Ultimately, the crowd surge that broke through the barriers, separating devotees from the procession, was the immediate cause of the fatal crush, underscoring the tragic consequences of these cumulative failures.

 The 2015 Godavari River stampede in Andhra Pradesh is one of the incidents precipitated by a seemingly innocuous event: pilgrims gathered to attend a religious bathing festival surged further attempting to retrieve their shoes from the riverbank[5]. This minor incident snowballed into a full-blown tragedy, resulting in widespread chaos, injury, and loss of life. Such stampedes are a sobering reminder of the importance of crowd management, safety protocols, and emergency preparedness during large religious gatherings.

On January 14, 1999, a stampede occurred at Sabarimala, resulting in the deaths of 52 pilgrims and numerous injuries. The incident coincided with the sighting of the Makarajyothi, a divine light revered by devotees. An investigation conducted by Justice T. Chandrashekhara Menon Commission attributed the tragedy to the State Government’s negligence in ensuring the safety and well-being of pilgrims, thereby breaching their duty of care. The Commission’s findings established a clear liability on the part of the State Government for the devastating consequences of the stampede[6].

Another case of human crush was at Satara District, Maharashtra in the year of 2005 wherein A tragic sequence of events unfolded as Hindu pilgrims inside the temple lost their footing on a slippery floor, succumbing to fatal injuries as they were inadvertently trampled by other devotees. The outrage and grief that followed led some pilgrims to spark a fire that rapidly spread, consuming hundreds of makeshift shops lining the narrow pathway to the temple. This chaotic scene precipitated a deadly stampede, further exacerbating the tragedy and resulting in the death of 258 people.[7]

In addition to the list of incidents, a stampede occurred in Jammu and Kashmir, on January 1, 2022. As per Dibang Singh, the (director general of police) the incident was a result of a trivial dispute among youths that rapidly escalated into a chaotic situation. Despite prompt intervention by police and civil administration officials, who swiftly restored order, the incident resulted in damage and harm to numerous individuals. An investigation is underway to determine the circumstances and extent of the harm caused. The authorities’ prompt response mitigated the severity of the incident, but liability for the damages incurred is pending determination.[8]

India’s stampede epidemic has yet not stopped leading to one of the recent and disturbing case of the Stampede at Hathras on the 2^nd of July,2024 where almost 121 individuals lost their lives due to inadequate crowd management in, yet another religious sermon conducted by a self-proclaimed godman named “Narayan Saakar Hari”. This occurred when many of his devotees, who were mostly females hurriedly ran closer to him during his departure to see him as well as collect the dust from his feet signifying their faith and devotion. Currently, the investigation is ongoing, and as per the latest report of 13^th July 2024 by “Hindustan Times” the bench led by Chief Justice D.Y Chandrachud at the Supreme Court of India directed the advocate of the petitioner to file a Public Interest Litigation (PIL) to the High Court of India[9].This ultimately shows the legal and social struggles the grieving families of the victims of the stampede suffer. Several questions emerge on the duty and responsibility of the organizing party, state government, and municipal cooperation to take better crowd-controlling safety measures.

Exploring the causes of Stampedes through literature review

“Mass Gathering attracts stampede” It is evident that India is the most populated country on the globe with almost a current population of 1,442,160,275 individuals[10] resulting in an unexpected crowd disaster called “Stampede.”

As per a comprehensive review in a research article titled “Human Stampedes at Mass Gatherings: An Overview” by Lakshmi Devi Vanumu, Kumar Laxmikant, and K. Rao, published on August 12, 2020. Stampedes are classified based on the type of events as religious, sports, entertainment, festival, political, and others. The paper lists a total of 137 stampedes that occurred worldwide between the years 1883 and 2017.  Among all types of events, religious gatherings cause 64% of total fatalities and 51% of injuries. The triggering factors are identified as rumors, fire, structural failure, narrow passages, overcrowding, and others. Out of all the triggering factors mentioned above, narrow passages cause about 27% of fatalities, followed by overcrowding and rumors with 23% and 21% respectively. Most injuries, amounting to 35%, are caused by overcrowding. It is also observed that the frequency of stampede occurrences has been increasing since 1980[11].

According to the epidemiological analysis in the research paper titled “Ram Janki Temple: understanding human stampedes” by F. Burkle, Edbert B. Hsu, on January 8, 2011. Human stampedes, particularly during religious events, are primarily caused by inadequate crowd-control measures, with a higher fatality rate in developing countries. They can occur in two forms: one arises from panic attempts to escape a perceived threat, while the other happens when people rush toward something perceived as gratifying[12].

According to Dr. Dirk Helbing, a renowned expert in crowd dynamics, the prevailing understanding of crowd disasters is fundamentally flawed. In his 2015 publication, Helbing along with Anders Johansson and H. Z. Al-Abideen conducted an empirical study about the dynamics of crowd disasters astutely observes that the common narrative attributing crowd disasters to psychological panic and stampedes is misguided. Instead, Helbing posits that crowd disasters are precipitated by the physical phenomenon of crowd density exceeding a critical threshold, thereby rendering body contact inevitable. This physical contact, in turn, facilitates the transmission of forces between individuals, culminating in a cumulative force that ultimately leads to the disaster[13]. In legal terms, this phenomenon can be understood as a physical manifestation of the “reasonable foreseeability” standard, whereby the risk of harm becomes palpable and predictable once a certain crowd density is reached, thereby imposing a duty of care on event organizers and authorities to implement adequate crowd management measures to prevent such disasters.

Based on an intensive literature review and case study a research paper titled “Stampede Events and Strategies for Crowd Management[14]” it was found that the risk of stampedes can be determined through inside and outside factors. The inside risk factors depend on the sum of people and their density on the other hand the outside factors are sourced from human factors like conflagration, terrorist attacks, various natural disasters, malfunction of facilities like power failure, cutoff of lifelines, and more.

In addition to this, the Health and Safety Executive in Great Britain found that ‘crowd’ and ‘location’ factors contribute to the risk of stampedes.

The above literature review highlights the varied causes and forms of stampedes, wherein improper management of the crowd is one of the leading factors of death and injuries suffered due to stampedes.

Legal Framework for crowd management which is also applicable to stampedes in India

Under:

• The Disaster Management Act of 2005[15], authorities are empowered to:

It regulates and restricts human and vehicular traffic in areas deemed vulnerable to disaster. Impose penalties on individuals making false claims for insurance or relief, constituting fraud Ensure that local authorities implement and enforce stringent safety standards in all construction projects within their jurisdiction, including commercial buildings such as malls and theatres, to prevent stampedes and other disasters. Hold public officials and private companies accountable for any negligence or dereliction of duty related to safety standards, which may constitute a punishable offense

Referred Sections are 24,33,34,41,51-53,58 and 65 of the Disaster Management Act.

• The Cinematograph Act of 1952[16]

According to 10,11 and 12 of this act, cinematograph exhibitions should mandatorily have a license from the licensing authority i.e., The District Magistrate. License can only be granted if enough safety precautions are taken for the persons attending exhibitions.

• In the UP Melas Act of 1938[17]

The power and duties of the District Magistrate and officer in charge are given in Sec 6 to 10.

The DM’s powers enable them to ensure that event organizers prioritize safety and take necessary precautions to prevent accidents and disasters. It includes the power to impose tolls and fees for animal entry and registration, prescribe licenses to the stall owners/organizers for trade and commerce in the mela area, and make rules in case of any sudden unforeseen outbreak or fire.

Similarly, the officer in charge can allot specific spaces for the market, recreational activities, etc, and demolish any structure that necessarily constitutes the spread of fire

• The Madras City Police Act, 1888[18]

Police officers can arrest individuals without a warrant for offenses committed in their presence or for specific crimes like rioting, assault, or theft. They can also arrest individuals suspected of planning to commit crimes, with reasonable grounds and prior magistrate approval. Police officers must maintain law and order, ensure public safety, and follow their duties, assist other authorities, like district magistrates, in maintaining order and enforcing laws, and regulate processions, assemblies, and meetings to maintain public order and safety, disperse unlawful assemblies and arrest those who refuse to disperse and also search people and places in case of emergency.

Refer to sections 34,35, 41, 41 A, 61,71,74.76, 76 A

There are multiple other (state-wise) police acts like The Police Act 1861, and The Kerala Police Act 2011 which state the regulatory Powers and obligations of the Police which can be applicable in human stampedes too.  

• Indian Penal Code (IPC),1860[19]

The following are literal provisions applicable for stampedes in India.

Section304A-Causing death by negligence_ “Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”

Section336. Act endangering the life or personal safety of others_ Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two hundred and fifty rupees, or with both

Section337. Causing hurt by act endangering the life or personal safety of others_ Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both

Section338. Causing grievous hurt by act endangering life or personal safety of others_ Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.

Note: IPC has been replaced with Bhartiya Nyaya Sanhita (BNS)[20] which covers the punishment of death by negligence in section 106 and punishments for acts of rashly or negligently endangering human life or their safety in section 125.

Current legislation only imposes penalties for negligence or misconduct but lacks a comprehensive framework for compensation. As a result, victims seek help from the government or pursue civil litigation, a stretched-out process.

Suggestions to mitigate the risk of stampede

• Availability of medical support: A medical unit should always be installed on every occasion, public gathering, temples, train stations, and more. Moreover, every hospital should have a disaster rescue plan in case of any unfortunate event. The medical support should also make sure to keep oxygen cylinders, stretchers, drugs that can be used to save one’s life and an ambulance should always be ready on site.
• Prevent Extreme Crowd: There must be an online registration, record, and authentication of every person who enters and exits. If not, the organizers should bear severe punishments and be held liable for full-fledged compensation by the governing authorities.
• Analyse/Investigate the crowd profile: Always determine the capacity of staffing and medical care by considering the demographic index of the crowd, the impact of the season, location, and terrain. Later, navigate the potential risk and accordingly take adequate safety measures.
• Designate unobstructed ingress and egress points to evacuate: In case unexpected emergencies, people should have a safe line to enter and exit. For instance, the paramedics and rescue team should be able to smoothly enter, while the crowd should have broad-lined pathways to exit.
• Compulsory supervision of the Police force: In any given public gathering rush and chaos are apparent therefore a team of police/constables must constantly direct, monitor, assist, and charge fines or punish in case of misconduct.
• Channelise clear communication: Amidst the event, many cases of panic and mishap arise like getting lost, theft, injury, medical urgency, and more. Communicate essential information, including safety guidelines, conduct expectations, and emergency procedures, to ensure public awareness and preparedness. Arrange a helpline number for all where constant assistance is provided.
• Mandate a Control Centre: A control centre can enhance the disaster management plan by using technical instruments (CCTV, sensor, RFID, etc.). These instruments will help to track and monitor the real-time density of the crowd by calculating it efficiently, while sensors can detect explosive objects and weapons.   

CONCLUSION

There is still room to improve the rules governing crowd control and safety procedures in India. This involves making certain that those in charge of organizing a gathering of the public including the authorities are strictly liable and accountable for any incompetence and failure to take preventative measures. The victims of stampede catastrophes should get adequate assistance and reimbursement. The crucial task is to overcome the challenges of the implementation and execution process of the regulatory provisions and guidelines. The way forward to this is to learn and adopt the best practices around the globe for the management of disasters, precautionary rules, and preventive steps. Additionally, integrating technology for ensuring safety and surveillance could be beneficial along with the accommodation of Non-Profit Organisations to engage in building the capacity of the event organizer to provide better disaster preparedness, traffic control, and arrangement of essential safety resources. By learning from past incidents and adopting a proactive stance, India can significantly reduce the occurrence of stampedes and protect its citizens from such preventable tragedies. This research highlights the urgent need for comprehensive legal reforms and practical measures to create a safer environment for large gatherings, ultimately safeguarding public welfare and upholding the principles of justice and human dignity.     

References

[1] 1954 Prayag Kumbh Mela Stampede, WIKIPEDIA (July 15, 2024, 11:00 AM), https://en.m.wikipedia.org/wiki/1954_Prayag_Kumbh_Mela_stampede.

[2]Uttar Pradesh Hathras Tragedy: Why Stampedes Happen, How to Stay Safe, FIRSTPOST (July 15, 2024, 11:05 AM), https://www.firstpost.com/explainers/uttar-pradesh-hathras-tragedy-why-stampedes-happen-how-to-stay-safe-13788767.html..

[3] N. S. SAKSENA, LAW AND ORDER IN INDIA 81, 164 (Abhinav Publications 1987)

[4] 1954 Prayag Kumbh Mela Stampede, WIKIPEDIA (July 15, 2024, 11:37 AM), https://en.m.wikipedia.org/wiki/1954_Prayag_Kumbh_Mela_stampede.

[5] India Stampedes History: Hathras, AP NEWS (July 15, 2024, 11:40 AM), https://apnews.com/article/india-stampedes-history-hathras-ab37a005329414318a6aa2ac84474c5d.

[6] The Sabarimala Tragedy in 1999, NDTV (July 15, 2024, 11:42 AM), https://www.ndtv.com/india-news/the-sabarimala-tragedy-in-1999-445052.

[7] India Stampedes History: Hathras, AP NEWS (July 15, 2024, 11:43 AM), https://apnews.com/article/india-stampedes-history-hathras-ab37a005329414318a6aa2ac84474c5d.

[8] 12 Killed, 13 Injured in Stampede at Mata Vaishno Devi Shrine, Says J&K DGP Dilbag Singh, THE ECONOMIC TIMES (July 15, 2024, 11:43 AM), https://economictimes.indiatimes.com/news/india/12-killed-13-injured-in-stampede-at-mata-vaishno-devi-shrine-says-j-k-dgp-dilbag-singh/articleshow/88627130.cms?from=mdr.

[9] SC Calls Hathras Stampede ‘Very Disturbing,’ Directs Petitioner to Move HC First, HINDUSTAN TIMES (July 15, 2024, 11:44 AM), https://www.hindustantimes.com/india-news/sc-calls-hathras-stampede-very-disturbing-directs-petitioner-to-move-hc-first-101720764880305.html.

[10] India Demographics, WORLDOMETERS (July 15, 2024, 11:35 AM), https://www.worldometers.info/demographics/india-demographics/.

[11] L. Vanumu, et al, Human Stampedes at Mass Gatherings: An Overview, 5 CONTEMP. DILEMMAS 502, 502-504 (2020).

[12] F. Burkle & E. Hsu, Ram Janki Temple: Understanding Human Stampedes, 377 LANCET 106, 106-107 (2011).

[13] D. Helbing, A. Johansson & H. Al-Abideen, Dynamics of Crowd Disasters: An Empirical Study, 75 PHYS. REV. E 046109, 046109 (2007).

[14] C. Shao, P. Shao & F. Kuo, Stampede Events and Strategies for Crowd Management, J. DISASTER RES. 0949, 0949 (2019).

[15] The Disaster Management Act, 2005, No. 53, Acts of Parliament, 2005 (India).

[16] The Cinematograph Act, 1952, No. 37, Acts of Parliament, 1952 (India).

[17] The Uttar Pradesh Melas Act, 1938, No. 16, Acts of Parliament, 1938 (India).

[18] The Madras City Police Act, 1888, No. 3, Acts of Parliament, 1888 (India).

[19] The Indian Penal Code, 1860, No. 45, Acts of Parliament, 1860 (India).

[20] Bhartiya Nyaya Sanhita, 2023, No. 45, Acts of Parliament, 2023 (India).