WHEN PUBLIC SAFETY FAILS: STAMPEDES AS A BREACH OF THE RIGHT TO LIFE AND EQUALITY UNDER THE INDIAN CONSTITUTION

TABLE OF CONTENTS

TABLE OF CONTENTSPAGE NUMBER
Introduction3
Historical background4
National Perspective5
Public Perceptions of Stampede-Like Situations: Experiences, Safety Concerns, and Accountability.7
Global Perspective11
Social Impact14
Policy Reforms in India18
Methodology19
Conclusion20
References20

ABBREVIATIONS


AI
Artificial Intelligence
BNS
Bharatiya Nyaya Sanhita
CAG
Comptroller and Auditor General
CEDAW
Convention on the Elimination of All Forms of Discrimination Against Women
FIR
First Information Report
GDP
Gross Domestic Product
JAC
Judicial Appointments Commission (mentioned as inspiration from another paper)
MCD
Municipal Corporation of Delhi
NDMA
National Disaster Management Authority
NCRB
National Crime Records Bureau
NGO
Non-Governmental Organization
NSS
National Service Scheme
PIL
Public Interest Litigation
PTSD
Post-Traumatic Stress Disorder
RFID
Radio Frequency Identification
SC
Supreme Court
SCC
Supreme Court Cases
UN
United Nations
UNFPA
United Nations Population Fund
WHO
World Health Organization
VIP
Very Important Person
ABSTRACT
This research paper meticulously examines the pervasive issue of human stampedes in India, a nation grappling with a population of 1.4286 billion (UNFPA, 2023), which amplifies crowd density and strains infrastructure, particularly during religious and public gatherings. Through a multidimensional lens, it investigates systemic deficiencies that lead to these tragedies, exemplified by the 2024 Hathras stampede (121 fatalities) and the 2025 Maha Kumbh Mela disaster (30-79 deaths), both underscoring violations of constitutional protections under Articles 21 (right to life), 14 (equality), and 19(1)(d) (freedom of movement). Historical data (2001–2022) reveal 3,074 stampede-related deaths, with 79% occurring at religious events due to overcrowding, inadequate infrastructure, and regulatory lapses (NCRB, Illiyas et al., 2013). The study integrates legal precedents, such as the Uphaar Cinema case. and People’s Union for Civil Liberties v. Union of IndiaTo highlight state accountability, a survey uncovers public discontent (68.75% cite poor management) and gender-specific safety concerns, particularly harassment in crowded spaces.
Globally, comparisons with China, Nigeria, and Saudi Arabia reveal India’s lag in enforcing robust crowd management protocols, despite NDMA guidelines. The social toll is profound, with survivors enduring PTSD, eroded trust in governance, and delayed justice, exacerbated by lenient penalties under Section 329 of the Bharatiya Nyaya Sanhita. The paper proposes a transformative framework, advocating a National Crowd Management and Safety Code, AI-driven monitoring, and a Mass Public Safety Accountability Law to enforce stringent penalties. Population control, public awareness campaigns rooted in the Swiss Cheese Model, and community engagement through NSS volunteers are emphasized to foster civic responsibility. By integrating advanced technology, rigorous legal reforms, and a culture of empathy and accountability, this study envisions a paradigm shift, transforming India’s mass gatherings into secure, inclusive spaces that uphold the constitutional promise of dignity, safety, and justice for all citizens.

Keywords: Stampede, Public Safety, Right to Life, Crowd Management, Fundamental Rights, Mass Gatherings, VIP Culture, Disaster Law, Legal Reform, Constitutional Breach

NATIONAL PERSPECTIVE

Uttar Pradesh 

Hathras (2024): On July 2, 2024, a stampede at a satsang organized by self-styled godman Bhole Baba (Narayan Saakar Hari) in Phulrai village, Hathras, resulted in 121 deaths, primarily women and children, due to overcrowding (approximately 250,000 attendees against a permitted limit of 80,000). The incident occurred as devotees rushed to collect soil from the preacher’s vicinity after the event, exacerbated by a dust storm and inadequate exits. A judicial probe was ordered to investigate mismanagement and possible conspiracy.

Pratapgarh (2010): On March 4, 2010, 63 people, mostly women and children, were killed in a stampede at Ram Janki Temple in Pratapgarh during a distribution of free clothes and food organized by Kripalu Maharaj.The incident was triggered by the collapse of an under-construction gate, with poor crowd control and no public address system contributing to the chaos. An FIR was filed against the organizers for negligence. 

Allahabad (2013): On February 10, 2013, a stampede at Prayagraj (Allahabad) railway station during the Kumbh Mela killed 36 people, including 27 women and an eight-year-old girl. The surge was caused by a last-minute platform change announcement, leading to panic among pilgrims. A judicial inquiry by retired judge Onkareshwar Bhatt was ordered. Prayagraj (2025): On January 29, 2025, a stampede at the Maha Kumbh Mela in Prayagraj’s Sangam area during Mauni Amavasya killed at least 30 people (with estimates up to 79) and injured 60. The incident occurred between 1–2 a.m. when barricades collapsed under the pressure of millions of pilgrims seeking a holy dip. A judicial commission, headed by former judge Harsh Kumar, was formed to investigate

Maharashtra

 Mandhardevi Temple, Satara (2005): On January 25, 2005, over 340 devotees were trampled to death and hundreds injured at Mandhardevi Temple in Satara during an annual pilgrimage. The stampede was triggered when devotees slipped on steps made slippery by broken coconuts, compounded by overcrowding. 

Nashik (2003): On August 27, 2003, 39 people were killed and approximately 140 injured in a stampede during the holy bath at the Kumbh Mela in Nashik, caused by intense crowding at the Godavari River.

Bihar

Baba Siddharth Temple (2024): On August 12, 2024, seven people died and 10 were injured in a stampede at Baba Siddharth Temple on Banavar hillock in central Bihar during a crowded puja on the fourth Monday of Shrawan 

 Patna, Gandhi Maidan (2014): On October 3, 2014, 32 people were killed and 26 injured in a stampede at Gandhi Maidan in Patna, shortly after Dussehra celebrations, due to a crowd surge.

Patna, Adalat Ghat (2012): On November 19, 2012, approximately 20 people were killed and many injured when a makeshift bridge collapsed during Chhath Puja at Adalat Ghat on the Gangs River in Patna, triggering a stampede.

New Delhi 

New Delhi Railway Station (2025: On February 16, 2025, at least 15 people, mostly women and children, died and 15 were injured in a stampede at New Delhi’s main railway station. 

As we can see through the above insights, India’s 1.4286 billion population (UNFPA, 2023) exacerbates crowd density, particularly in states like Uttar Pradesh and Maharashtra, driving higher stampede risks at religious and transit hubs. Condensed Overview of Stampede Incidents in India.

Human stampedes, driven by high crowd density, psychological triggers, and poor crowd management, cause significant casualties at mass gatherings in India. Historical incidents like the 2005 Mandhardevi temple tragedy (340+ deaths) and 2013 Ratangarh stampede (115 deaths) highlight overcrowding and inadequate infrastructure. Recent cases, including the 2024 Hathras stampede (121 deaths, 250,000 vs. permitted 80,000) and 2025 Maha Kumbh Mela stampede (30–79 deaths), reflect persistent planning failures. From 2001–2022, 3,074 deaths occurred, with Jharkhand, Maharashtra, and Uttar Pradesh leading (NCRB). Underreported rural incidents, like the 2008 Anandpur Sahib stampede, add to the toll, underscoring systemic issues in regulation and infrastructure.

Public Perceptions of Stampede-Like Situations: Experiences, Safety Concerns, and Accountability.

This section analysis a Google Form survey on public encounters with stampede-like crowd situations, capturing feelings of unsafety and perceived responsibility. Respondents identified factors like overcrowding and poor management, as well as assigning accountability to organizers, authorities, or others. The pie chart visualizes these insights, informing crowd safety and policy in New Delhi.

xForms response chart. Question title: Who do you think is primarily responsible for stampede or overcrowding situations?. Number of responses: 16 responses.  KEY FINDINGS:

High Incidence: 81.25%   of respondents reported feeling suffocated or unsafe in overcrowded settings, indicating a pervasive issue in public spaces.

Common Locations: Metro stations, railway stations (25%), flea markets (31.25%), and religious places (18.75%) were frequently cited as sites of discomfort, with additional mentions of buses and festivals. 

Gender-Specific Concerns: Women respondents frequently reported feeling unsafe due to inappropriate touching, staring, or fear of harassment, particularly in religious places, public transport, and crowded markets.

STATUTORY PROVISIONS

Right to Life and Dignity: Article 21 of the Indian Constitution guarantees life and personal liberty, which includes safety and dignity. Overcrowding that leads to suffocation, harm, or harassment (e.g., inappropriate touching) violates this right. Overcrowding in public spaces, leading to suffocation, harm, or harassment, violates the right to life and dignity.

The Association of Victims of Uphaar Tragedy v. Union of India [(2003) 10 SCC 353] exemplifies how negligence by local authorities and influential entities, often treated as VIPs, results in catastrophic breaches of fundamental rights, causing loss of innocent lives. This analysis integrates statutory provisions, the Uphaar case, and survey insights to highlight violations of legal and fundamental rights, emphasizing the need for accountability and robust safety measures.

Article 14 guarantees equality, is violated when authorities favour influential entities, neglecting public safety. Article 19(1)(d)Protecting freedom of movement is restricted when unsafe spaces force individuals, particularly women, to avoid public areas like transport. The Bhartiya Nyaya Sanhita (BNS) addresses such negligence through Section 329, penalizing acts endangering safety with up to three months imprisonment or a ₹2,500 fine, and the Disaster Management Act, 2005Sections 24 and 51 mandate crowd control and penalize negligence with up to one year’s imprisonment.

The Uphaar Cinema tragedy, occurring on   June 13, 1997, in Delhi, illustrates these violations. During a screening of a movie named Border, a transformer fire killed 59 people and injured over 100 due to overcrowding, closed exits, and all gates, and unauthorized seating. The cinema, owned by influential real estate tycoons, the Ansals, flouted safety norms to maximize profits, adding 52 extra seats that obstructed escape routes. Local authorities, including the Delhi Vidyut Board and Municipal Corporation of Delhi (MCD), issued licenses despite known violations, reflecting complicity driven by the owners’ VIP status. This negligence created a stampede-like chaos, trapping victims.

The Supreme Court ruled that the management and authorities violated Article 21 by failing to ensure safety, breaching the state’s duty to protect lives. Article 14 was infringed due to unequal treatment favoring influential owners, while Article 19(1)(d) was violated as blocked exits restricted movement. Legally, the negligence attracted liability under BNS Section 329 for endangering safety and the Disaster Management Act for failing to regulate crowds. The Court awarded Rs. 25 crore in compensation, imposed penalties, and criticized the “callous disregard” for safety.

D.K. Basu v. State of West Bengal

Highlighting how systemic corruption and VIP culture endanger lives. The case set a precedent for holding authorities and powerful entities accountable, spurring stricter fire safety and crowd management norms. To prevent future violations, authorities must enforce capacity limits, ensure accessible exits, and adopt gender-sensitive measures like women-only queues, aligning with CEDAW obligations. Public awareness of civic sense and legal accountability under BNS and tort law can further mitigate risks. He D.K. Basu v. State of West Bengal 1997) Case, primarily addressing custodial violence, extends to overcrowding in public facilities like prisons, underscoring the liability of local management and the state for ensuring safety. Initiated by a PIL highlighting custodial deaths, the case exposed inhumane conditions in overcrowded detention centres, where lack of space and poor management caused physical harm and psychological trauma. The Court in this case held local authorities and the state accountable for negligence, issuing 11 guidelines, including regular inspections, to prevent overcrowding-related harm, applicable to broader contexts like public transport and events.

People’s Union for Civil Liberties v. Union of India

The People’s Union for Civil Liberties v. Union of India The case addressed a deadly stampede during a religious festival, highlighting the responsibility of local and state authorities to prevent such tragedies through effective crowd management. The case arose from a public interest litigation (PIL) following a 2004 stampede at a religious festival in Mandhata, Madhya Pradesh, where over 20 pilgrims died due to overcrowding and inadequate crowd control measures at a riverside site. The People’s Union for Civil Liberties highlighted the failure of local and state authorities to regulate the crowd, provide infrastructure, or ensure emergency preparedness. The incident exposed the failure of local authorities to implement crowd control measures.

The Court held local and state authorities liable for negligence, breaching Article 14 (equality) by failing to ensure equal safety and Article 19(1)(d) (freedom of movement) due to unsafe conditions. It mandated comprehensive crowd management protocols, including capacity limits, emergency exits, and trained personnel. This precedent directly relates to the Maha Kumbh Mela 2025 stampede in Prayagraj, where on January 29, 2025, at least 30 people died and 60 were injured due to overcrowding and broken barricades during the Mauni Amavasya ritual. Despite advanced measures like AI-based monitoring and 2,300 cameras, authorities failed to regulate the 50 million attendees, mirroring the negligence in PUCL.

These cases offer a basis for comprehending and tackling recent events like the stampede at New Delhi railway station, the stampede during the Pushpa movie.And the ongoing issues of overcrowding, which can result in the death of people.

GLOBAL PERSPECTIVE

Crowd surges that result in injuries or deaths pose a significant public safety issue worldwide, especially in highly populated nations. This segment consolidates insights from academic studies and analyses of incidents, comparing the occurrences of stampedes and crowd control measures in India with those in other densely inhabited countries such as China, Nigeria, Indonesia, and Saudi Arabia, emphasizing triggers, management techniques, and regulatory frameworks. The unique challenges faced by India, influenced by its population of 1.4286 billion (UNFPA, 2023) and cultural customs, are examined alongside global strategies to identify gaps and explore possible solutions.

CHINA

With a population of 1.425 billionChina encounters fewer stampedes thanks to rigorous state oversight and urban development strategies. A stampede during the 2014 New Year’s Eve celebration in Shanghai (which resulted in 36 fatalities) on the Bund was triggered by a rumour of cash being thrown, exposing some rare failures in crowd management.. Research conducted by Helbing and Mukerji (2012) Emphasizes China’s application of social force models to emulate crowd behaviour, facilitating predictive policing and real-time surveillance through CCTV and AI technology. The Chinese government imposes strict regulations regarding event permits and limits on crowd sizes, which leads to smaller religious gatherings compared to India’s Kumbh Mela, drawing 400 million participants. Under the Public Security Administration Law, there are severe penalties for any mishandling, ensuring those responsible are held accountable. Nevertheless, the methods employed by China restrict public liberties, a compromise that is unfeasible in the democratic framework of India. The lower incidence of stampedes in China is a reflection of centralized planning but does not encompass the cultural diversity found in India.

NIGERIA

With a population of 230 million, Nigeria experiences stampedes in both religious and economic settings, though these occurrences are less common than in India. A tragic incident in Port Harcourt in 2022 saw 31 people lose their lives during a charity event at a church, spurred by a dire need for free food an issue highlighting socioeconomic factors that are not present in religious stampedes in India. According to Soomaroo and Murray (2012), Nigeria struggles with informal gatherings where crowd densities can reach 5–7 individuals per square meter, compounded by often inadequate infrastructure. In contrast to India’s National Disaster Management Authority guidelines, Nigeria does not have a national framework for managing crowds, relying instead on temporary police presence. Legal accountability following such incidents is low, with no prosecutions reported, unlike India, where there is some level of judicial inquiry, albeit limited. Although Nigeria’s smaller population and less frequent large-scale events mitigate the impact, issues of weak governance reflect the implementation challenges found in India.

SAUDI-ARABIA

On July 2, 1990, the Al-Muaissem Tunnel Tragedy during the Hajj in Mecca resulted in 1,426 pilgrim deaths due to a crush caused by overcrowding, poor planning, and ventilation failure.. The Saudi government, without a formal trial, accepted responsibility, paid diya (compensation) under Islamic law, and implemented significant infrastructure upgrades, including wider tunnels, advanced crowd monitoring, and real-time surveillance, aligning with Public Safety Regulations and Article 3 of the UN Universal Declaration of Human Rights..

Saudi Arabia, home to 36 million residents, hosts the Hajj pilgrimage, drawing in 1.8 million visitors every year, and manages crowds more effectively than India’s large-scale events. The 2015 Mina disaster, which resulted in 2,400 fatalities, led to reforms such as the redesign of the Jamarat Bridge, recognized with the Hanz Edelman Award for its crowd management strategies. Johansson et al. (2012) point out that Saudi Arabia employs advanced crowd simulation models, RFID technology for tracking, and drones for surveillance, outpacing India’s AI experiments during the Kumbh Mela. There is a high level of legal responsibility in Saudi Arabia, with organizers at risk of imprisonment for negligence, in contrast to the more lenient penalties in India. However, the smaller population and more regulated situation in Saudi Arabia stand in stark contrast to India’s varied and democratic hurdles. The mortality rate for Hajj in 2024 stands at 0.065%, which is considerably lower than India’s 0.77% during Holi, highlighting superior planning efforts.

SOCIAL IMPACT

Stampedes and overcrowding incidents in India result in not only devastating physical consequences but also profound social, psychological, and legal repercussions. These events, often stemming from systemic failures, deeply affect public trust, safety, and the dignity of citizens. With a recurring pattern seen in cases like the 2024 Hathras Satsang, the 2025 Maha Kumbh Mela, or historical tragedies like the Mandhardevi temple (2005) and Ratangarh temple (2013) stampedes, the recurring human toll highlights a persistent failure in governance, accountability, and infrastructure.

1. Mental Health and Emotional Trauma

Survivors of stampedes and the families of victims often suffer from severe emotional distress. Anxiety, PTSD, and long-term psychological trauma are common among those who witness such events or lose loved ones in the chaos. The suddenness and brutality of such tragedies, often in sacred or public spaces believed to be safe, disrupt emotional security and instill fear in participating in future gatherings. Women, in particular, report heightened vulnerability in crowded places due to harassment and lack of safety, as revealed in your survey analysis.

2. Breach of Constitutional Rights

Stampedes are not just administrative failures; they are constitutional violations. Article 21 of the Indian Constitution guarantees the right to life and personal liberty, which includes the right to safety and a dignified existence. When citizens die or are injured due to overcrowding, collapsed infrastructure, or unregulated mass events, their rights are breached.

Article 14 is also violated when VIP culture or preferential treatment compromises public safety, as seen in the UPHAAR TRAGEDY, where the Ansal political and economic clout led to lax enforcement of fire and safety norms. Similarly, Article 19(1)(d), which guarantees freedom of movement, is indirectly infringed when fear and unsafe conditions restrict citizens’ mobility, particularly for women and vulnerable groups.

3. Justice Delayed and Denied

In India, justice becomes painfully slow and difficult when state authorities or politically connected individuals are responsible for such negligence. As the UPHAAR case showed, even after decades, families had to fight hard for accountability, often receiving mere financial compensation while the main accused received lenient treatment. This reflects a deep-rooted problem in India’s justice delivery system, where access to justice becomes dependent on power, caste, or class.

Victims from lower socio-economic backgrounds often lack the resources, awareness, or influence to pursue long legal battles. Their voices are drowned out in a system where the state is both the accused and the arbitrator. This erodes faith in the legal system and creates a chilling effect, discouraging others from seeking redress.

4. Compensation Is Not Justice

Though necessary, offering compensation to victims’ families cannot substitute for justice or systemic reform. Monetary relief may provide temporary support, but it does not address the emotional pain, the lifelong void, or the structural causes behind the tragedy. Compensation without punishment sets a dangerous precedent, a price tag on human lives. Justice must include accountability, transparency, and reforms to prevent recurrence.

5. The Need for Structural Reform and Equal Legal Consequences

India needs stricter, uniformly applied laws that penalize negligence irrespective of the status, caste, or wealth of the individual or entity involved. Crowd management must be taken seriously under legal frameworks like the Disaster Management Act and the Bhartiya  Nyaya Sanhita. Current penalties under Section 329 (maximum 3 months jail or ₹2,500 fine) are grossly inadequate.

Both central and state governments must enforce capacity limits, ensure trained crowd control personnel, and hold public and private organizers accountable for safety lapses. Local authorities must be empowered yet monitored to avoid complicity and neglect. Equal legal consequences, regardless of political connections or economic influence, are the bedrock of the rule of law.

POLICY REFORMS IN INDIA 

Enforce NDMA Guidelines India’s National Disaster Management Authority (NDMA) provides a Crowd Management Plan framework., but implementation lags. State governments must adopt and enforce these guidelines.

Legislate tort liabilityThe Supreme Court of India (UPHAAR CINEMA) case highlighted the need for laws holding organizers accountable for safety failures, deterring negligence.  Set Vision Zero Goals To adopt a global “Vision Zero” target for zero deaths in crowded spaces, as proposed in crowd safety research, to drive policy and funding. Standardize Reporting: Create an international database for stampede incidents to improve epidemiological understanding and inform prevention, as demonstrated by Saudi Arabia’s Hajj.

To fundamentally combat stampedes and overcrowding in India, there is an urgent need for a multi-dimensional policy reform rooted in population control, legal accountability, and modern crowd management practices. At the very foundation lies population control, which must be treated as a national priority. The government and civil society should collaborate to promote population stabilization through policy incentives, awareness campaigns, and improved access to reproductive health services. Uncontrolled population growth exacerbates infrastructure pressure, especially during mass gatherings, increasing the risk of stampedes. Simultaneously, India must establish a comprehensive National Crowd Management and Safety Code that classifies events based on risk, mandates safety audits, uses AI-driven simulations, and ensures zoning for better crowd flow.. Modern technology must be at the heart of these reforms—deploying real-time surveillance through CCTVs, drones, and crowd-monitoring software should be made mandatory for all large-scale events. Geo-tagged e-passes, mobile apps providing live updates, and emergency navigation tools can also empower the public and prevent chaos.

Equally important is reforming the legal framework to introduce strict penalties for negligence leading to such tragedies. A dedicated Mass Public Safety Accountability Law should be enacted, making criminal negligence non-bailable and punishable by a minimum of five years’ imprisonment.. Event organizers, private contractors, and negligent public officials must be held criminally and vicariously liable, with no immunity based on caste, class, status, or political connections. Fast-track courts should be established to hear stampede-related cases and ensure timely justice. Additionally, the NDMA and local disaster management authorities must be institutionally strengthened with financial autonomy, dedicated crowd safety divisions, and regular training drills in collaboration with the NDRF and police forces. Local bodies should maintain updated risk maps of vulnerable locations, while community involvement through NSS volunteers and civil defence groups can ensure grassroots preparedness.

 A national communication protocol is also essential to manage mass events responsibly and ethically, preventing misinformation and panic, while ensuring that real-time crowd data, safety capacities, and exit routes are transparently communicated to the public. Mandatory event insurance should be implemented, alongside a National Fund for Stampede Victims that covers immediate compensation and long-term rehabilitation, including mental health support for victims and families. These comprehensive reforms represent a shift from reactive governance to proactive, people-centric policy. By ensuring constitutional guarantees of dignity, safety, and justice, and by embedding accountability across all levels of government and society, India can transform mass gatherings into safe, inclusive, and well-managed spaces for its diverse and growing population.

Review of Literature

A substantial body of literature has explored the issue of stampedes in India and around the world, highlighting their complex causes and consequences. Illiyas et al. (2013) provided a detailed statistical breakdown of stampede-related deaths in India, emphasizing that most occur at religious events due to poor infrastructure, high crowd density, and limited safety enforcement. Their data-driven approach underscores the urgency of systemic reform.

Internationally, scholars like Helbing and Mukerji (2012) have applied predictive behavioral models to crowd movement, particularly in densely populated countries like China. Their findings suggest that real-time surveillance, AI-based simulations, and planning can prevent chaos. This is especially relevant to India, where such strategies are still under-utilized.

Further, Johansson et al. (2012) examined the effectiveness of Saudi Arabia’s reforms post the Hajj stampedes, showcasing how accountability, technology, and strict enforcement can reduce fatalities. These works contrast sharply with India’s often lenient or delayed justice approach.

Legal and sociological perspectives have also been discussed in landmark Indian cases such as the Uphaar Cinema tragedy and the PUCL judgment, where the courts acknowledged the role of negligence, VIP influence, and regulatory failures. These cases show that crowd safety is not only an infrastructural issue but also a matter of legal accountability.

Despite this rich literature, there remains a gap in interdisciplinary and solution-driven studies combining law, public policy, technology, and citizen engagement. This paper seeks to fill that space by building upon past research while proposing comprehensive reforms to make India’s mass gatherings safer and more inclusive.

METHODOLOGY 

This research paper, titled Crushed by Crowds: Unraveling India’s Stampede Crisis and Reimagining Safe Mass Gatherings, employs a mixed-methods approach to investigate the systemic, legal, and social dimensions of human stampedes in India, drawing on a robust set of references, a structured table of contents, and a rigorous methodology. References include authoritative sources such as Illiyas et al. (2013) for stampede statistics, NCRB (2022) for historical data, UNFPA (2023) for population context, and legal precedents like Association of Victims of Uphaar Tragedy v. Union of India (2003) and People’s Union for Civil Liberties v. Union of India (2004) to establish state accountability, alongside global studies (e.g., Helbing & Mukerji, 2012; Johansson et al., 2012) for comparative analysis, all accessible via credible platforms like doi.org and indiankanoon.org.. The methodology adopts a descriptive and analytical socio-legal framework, utilizing secondary data from NCRB and academic literature, primary data from many respondent Google Form survey on public perceptions (revealing 68.75% attribute stampedes to poor management), and case studies of incidents like the 2024 Hathras (121 deaths) and 2025 Maha Kumbh Mela (30–79 deaths) stampedes. Quantitative analysis of 3,074 deaths (2001–2022) and qualitative thematic analysis of legal and global practices, guided by the Swiss Cheese Model, inform a comparative evaluation with countries like Saudi Arabia and China. Ethical considerations ensured survey anonymity and data integrity, though limitations include a small survey sample and reliance on secondary data for rural incidents. This integrated approach underpins the paper’s evidence-based proposals for a National Crowd Management and Safety Code, AI-driven monitoring, and stricter legal accountability to uphold constitutional rights and transform India’s mass gatherings into safe, inclusive spaces.

CONCLUSION

The research paper comprehensively examines the persistent issue of stampedes in India, a nation burdened by its massive population of 1.4286 billion (UNFPA, 2023), which exacerbates crowd density and strains infrastructure, particularly during religious and public gatherings. It highlights the stampedes, such as the 2024 HATHRAS tragedy (121 deaths) and the 2025 Maha Kumbh Mela stampede (30–79 deaths), stem from systemic failures including overcrowding, inadequate crowd management, and VIP culture, which violate fundamental rights under Articles 21 (right to life), 14 (equality), and 19(1)(d) (freedom of movement) of the Indian Constitution. Historical data from 2001–2022 reveal 3,074 stampede-related deaths, with 79% occurring at religious events due to high crowd density, poor infrastructure, and regulatory lapses (NCRB, Illiyas et al., 2013). Legal precedents like the UPHAAR CINEMA case and People’s Union for Civil Liberties v. Union of India underscore the state’s obligation to ensure safety, while global comparisons with countries like Saudi Arabia and China reveal India’s lag in enforcing strict crowd management protocols. Survey findings indicate public frustration with poor management (68.75%) and safety concerns, particularly among women facing harassment in crowded spaces. The social impact is profound, with survivors and victims’ families enduring PTSD, eroded trust in governance, and delayed justice, compounded by inadequate penalties under existing laws like Section 329 of The Bhartiya  Nyaya Sanhita.

To mitigate stampedes, the paper proposes multi-dimensional reforms, including a National Crowd Management and Safety Code, AI-driven crowd monitoring, stricter legal accountability through a Mass Public Safety Accountability Law, and population control measures to ease infrastructure pressure. Individuals and society play a crucial role in prevention by respecting personal boundaries, practicing civic sense, and fostering empathy in crowded settings to reduce panic and pushing. Public awareness campaigns, inspired by the Swiss Cheese Model, can promote safe behaviour, while community engagement through NSS volunteers and civil defence groups strengthens grassroots preparedness. The government must prioritize proactive governance by enforcing NDMA guidelines, ensuring transparent communication, and establishing fast-track courts for swift justice. Every citizen’s fundamental rights to life, dignity, and safe movement must be upheld, requiring mutual respect for personal space and a collective commitment to safety. By integrating stringent policies, advanced technology, and a culture of accountability and humanity, India can transform mass gatherings into secure, inclusive spaces, honouring the constitutional promise of a safer environment for all.

SRISHTI SHARMA 

VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES, NEW DELHI