Himachal Pradesh High Court Takes Suo Moto Cognizance Of Safety Violations During Adventure Sports, Constitutes Oversight Committee

The development follows the unfortunate death of a 12-year-old, who had visited the State as a tourist with his family, only to meet a fatal accident en route the taking-off point for paragliding activity.

The Court has taken suo moto cognizance of a news report, whereby the child's father disclosed the reckless manner in which they were being taken to the paragliding point.

As per the child's parents, the boy died in a sudden collision between the jeep taking them to the take-off point and a two wheeler. Nine passengers occupied the open jeep, alleged to be bereft of safety accessories, against the capacity of five, which fell in a 15 feet gorge after the collision. While the other passengers suffered grievous injuries, the boy's head hit a rock resulting in his death.

"The State of Himachal Pradesh has always been a much sought after tourist destination and its importance has grown manifold during the Covid-19 pandemic. Under the given circumstances, can the State really afford to turn a nelson's eye to the repeated mishaps without taking any remedial steps in this regard, particularly in the field of adventure sports," the Bench remarked during the hearing.

It has directed the Committee that if during inspection it is found that the adventure sports activities are being conducted in total violation of the rules without there being valid registration or license, as the case may be, then the same shall be stopped forthwith on the direction of the concerned Secretary, District Legal Services Authority and report to this effect shall also be submitted.

The Bench referred to several rules framed by the State Government for aero sports, river rafting, and other allied sporting activities.

It noted that in most of the provisions, the technical aspects had been left to the Director, Atal Bihari Vajpayee Institute of Mountaineering and Allied Sports, Manali, Himachal Pradesh. They also provide for a Regulatory Committee comprised of the Deputy Commissioner (Chairman) and the Superintendent of Police, Sub-Divisional Magistrate, Commandant Home Gaurd, Chief Medical Officer, etc. Impleading them as parties, it noted.

"The composition of aforesaid Regulatory Committees is mainly of the officers as mentioned above, with some minor changes here and there, but as observed above, 4-5 officials as mentioned above, are invariably the members of such committees. Therefore,  the responsibility to ensure that the provisions of these acts (supra) are strictly followed in their letter and spirit rests on the shoulders of the concerned Deputy Commissioner(s) and Superintendent(s) of Police."

The Court cited the lack of overall monitoring of the adventurous activities by the authorities as to the reason for increasing mishaps and accidents in these adventure sports.

"It has been noticed that the service providers, i.e., the operators, guides, instructors, etc., have failed to adhere to basic safety measures in providing safety covers to their clients, who are total strangers to the adventure sports. It could so happen that majority of these persons are trying the adventure for the first time, therefore, it is incumbent upon the operators to provide properly trained and qualified instructors and guides in the sports," it added.

The Court noted there appears to be no check or any periodic inspection of the staff, equipment, instruments, etc., of the operators. It also raised questions on the periodic verification of the licensees of the operators.

The Court gave specific directions for regulation of water sports, paragliding, river rafting, aero sports, etc. Regarding animal safaris, it made a specific direction that no cruelty is meted out to the animals, and the provisions of the Indian Wildlife (Protection) Act amidst others are adhered to.

The Court has also contacted the boy's parents and sought their inputs and suggestions.

The matter was posted on February 21, 2022.

Case Title: Court on its own motion v. State of Himachal Pradesh

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