Baba's Burden: Why the godman can be asked to compensate the families of the dead

7 hathras stampede july 2 2024

A stampede at a religious event (satsang) in Uttar Pradesh's Hathras on Tuesday led to the death of 121 people, including women and children. There were 72 police personnel deployed at the open ground where over two lakh had gathered for the  event.

The stampede occurred as attendees began to exit the ground through a narrow gate. In the rush to leave, people fell on top of each other, with women and children bearing the brunt of the tragedy. According to Sikandra Rao sub-divisional magistrate Ravendra Kumar, the stampede took place when devotees tried to get a glimpse of Bhole Baba, who conducted the satsang at the end of the event. "They also wanted to collect some soil from around baba's feet," he told news agency PTI.

Uttar Pradesh (UP) Chief Minister Yogi Adityanath has promised, "This will not happen again...  there will be SOPs (standard operating procedures) in place. The culprits won’t be spared.”

Following the incident, the UP government formed a three-member judicial commission headed by a retired High Court (HC) judge to probe the tragedy, including the possibility of a "conspiracy"  behind the stampede that killed 121 people.

Retired Allahabad HC judge Brijesh Kumar Srivastav will lead the inquiry commission, which will submit its report in two months. Retired IAS officers Hemant Rao and Bhavesh Kumar are the other members.

Who should be held responsible?

Legal experts say that the organisers are  liable for the stampede, and the next of kin of those dead can sue them for compensation.

“The responsibility for maintaining order at a private event is usually the responsibility of the organiser. The victims have legal remedies, both under criminal and civil law. Under criminal law, an FIR can be registered against the organisers and the victims' families can claim compensation,” said Ankur Mahindroo, Managing Partner, Kred Jure.

“Under the Bharatiya Nyaya Sanhita (BNS), 2023,  the organisers are accountable for deaths caused by negligence at private events in public places,” said Abhinay Sharma, Managing Partner, ASL partners.

He noted that section 106 of the BNS deals with deaths due to negligence, such as inadequate crowd management. Sharma said, “It (the law) prescribes imprisonment of up to two years, or a fine, or both, for causing death by a rash or negligent act. Section 125  addresses acts that endanger the life or safety of others.”

“As held by the Supreme Court (SC) in earlier such matters, the liability in such cases strictly falls on the host. The organisers would be solely responsible for this,”  said lawyer Ayushi Singh.

Singh cited the SC judgment in the Meerut fire tragedy case, of 2006. The apex court held: “The organisers were supposed to set up the exhibition hall, provide electricity, water, and food stalls for the convenience of the victims / visitors. The organisers alone are responsible for protecting the life and and ensuring the safety  of the victims.”

What legal recourse do victims have?

“While holding those responsible accountable per criminal  law is essential, securing appropriate compensation for the families is equally crucial. The Bharatiya Nagarik Suraksha Sanhita, 2023, offers a path towards achieving both these objectives,” said Rishi Sehgal, Advocate-on-Record, Supreme Court.

According to Sehgal, section 395 of the Act provides a safety net for victims and their families, through the award of a compensation for them from the fines imposed on those found guilty by the court.

Sharma said, “Public Interest Litigations (PIL) can also address systemic issues and advocate for policy changes. Families may also claim compensation if the event was insured under the Public Liability Insurance Act, 1991, ensuring comprehensive financial redress.”

In many cases, the victims of such tragedies and their families form associations to approach the court collectively. For instance, victims  of the Bhopal gas tragedy and the Uphaar fire tragedy formed associations and approached the court. Orders passed in these cases become applicable on all victims.

Soayib Qureshi, Partner, PSL Advocates and Solicitors, said, “While no legal remedy can fully compensate for the loss of a loved one, these avenues provide a means for families to seek justice and financial support. It is crucial for the legal system to ensure accountability and help prevent future tragedies. The Hathras incident serves as a sobering reminder of the need for strict crowd control regulations, as well as the duty authorities and organisers have to protect public safety.”