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Varanasi Stampede: Does Legal Recourse Help in Manmade Disasters? 

Law enforcement and not further legislation can help avert Paravoor-like incidents.

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This article has been republished from The Quint’s archives in the light of the stampede at Jai Gurudev Baba’s congregation in Varanasi, whic claimed 24 lives and injured hundreds on Saturday. This article was first published on 12 April 2016, after he Kollam Temple fire tragedy.

Flouting of rules, lax enforcement of regulations, complete disregard for basic norms of safety, and negligence bordering on the criminal when it comes to dangerous materials/activity combine into a potent witches’ brew that takes hundreds of lives in India every year.

The fireworks tragedy at the Puttingal Temple in Kollam, Kerala is no different. Conditions imposed on permissions were ignored, incorrect information was provided while obtaining permission, safety warnings and alternate plans were ignored, political interference was obtained to overcome official resistance and finally, lax enforcement of even the most basic norms. As with all the other prior occasions, this time as well the question is asked: how do we stop this from happening again?

One possible solution that has been floating around for a while has been the enactment of a separate, specific legislation for man-made disasters such as this. As far back as 2010, based on representations made by Association of Victims of Uphaar Tragedy (AVUT), the victims of one of the highest profile fire tragedies in India, a new law was mooted and was said to be in the works. Nothing has been heard from the Government on the law since. The proposal has been in limbo since then; a Law Commission consultation paper was issued but not followed up with a detailed report with recommendations. A recent report suggests that the Delhi Government might take steps to bring such a law into force for Delhi.

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