The High Court in its order on January 17 has also issued a notice to Director Tourism and Civil Aviation to provide all logistic support and standard operating procedure(SO) for all adventure sports in Himachal Pradesh and file a reply on Feb 21, 2022 in a Public interest Litigation(PIL).
Taking Suo moto cognizance of an article in News-18 on January 16, 2022 under the caption, “A 12 year old died at Paragliding Site in Himachal Pradesh. His father is now looking for answers”, High court division bench headed by the justice Mr Tarlok Singh Chauhan and the justice Mr Stayen Vaidya observed that the article highlights the grief of the unfortunate parents of a 12- year old boy Advik, who came all the way from Bengaluru along with his parents and younger sister to visit Himachal Pradesh.
Quoting the story High Court noted that on December 22, 2021, the family of the deceased along with another family reached the so-called site of paragliding at around 1:30 p.m. However, they were informed that the take off point was about 10-15 kms away and only could be reached by jeep. Since Advik’s sister was found to be too young, less than 12 years for the adventure, therefore, she stayed back.
However, Advik alongwith his parents and the other family decided to go to the site. They were made to sign a waiver that stated that the agency was not responsible for any paragliding mishap, but nothing was mentioned about the journey to the take-off point.
The jeep, comprising two rows of seats under the roof and another two in the open back and is alleged to be bereft of safety accessories. As against the seating capacity of five passengers, nine passengers occupied the roofless back portion of the jeep. The driver and four paragliding pilots who were picked up on the way, sat at the front in the enclosed space.
A sudden collision with a two wheeler made the driver lose control of the vehicle. The jeep tumbled over into a 15 feet gorge. While everyone received grievous injuries, Advik’s head hit a rock and he died.
The father of the deceased raises his concern regarding the safety not only at the adventurous spot, i.e. paragliding, but with respect to the responsibilities of the person/persons from the journey point to the take-off point. The article concludes with the following words: “How many Adviks will it take for the Himachal Pradesh Government to take notice?”
The High Court ruled that it shall be the responsibility of the Director, H.P. Tourism and Civil Aviation Department and the concerned District Tourism Development Officer to provide all logistic support, copy of the rules or regulations, all other relevant records including applications submitted by the operators and also furnish details of those sites and operators where no permission or limited permission has been granted, yet adventure sports activities are being carried out on the next date of hearing on February 21.
Expanding the scope of PIL, the High Court observed 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 ranging from water, aero and river rafting, rock-climbing, Rappelling, River Crossing, winter and snow sports like Skiing, Trekking, Rock Climbing, Hot Air Ballooning, Zorbing, Balls, Rolling Balls, Water Balls, Bungee jumping and the like motorboating, boating on houseboat, leisure trip on cruise or any other activities as notified by the government.
High court noted that the government has framed various Rules for regulating adventure and allied adventure sports aero sports, river rafting rules and water sports rules to regulate the adventure sports in the state.
The Court further noticed that in majority of the provisions of the Rules so framed, the technical aspects of the matter have been left to the Director, Atal Bihari Vajpayee Institute of Mountaineering and Allied Sports, Manali, Himachal Pradesh, whereas the Regulatory Committees under all these Rules invariably consists of the Deputy Commissioner and other line departments.
Though the High Court has made all those responsible for regulation of adventure sports as parties to the PIL, Narender Guleria, Additional Advocate General who appeared on behalf of the government, prayed and the court waived service of notice on behalf of respondents.
The High Court observed that 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 observed that despite the composition of these Regulatory Committees, the number of mishaps and accidents in these adventure sports and allied activities have not decreased. The most evident reason for the same appears to be the lack of overall monitoring of the adventurous activities by those at the helm of affairs, ruled the Court.
The High Court noticed that the service providers, 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 the 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. In majority of the cases, the instructors and trainers may be adhering to the basic guidelines and Rules, but many guides/instructors still feel that Rules does not apply to them, because they are far too experienced. There really appears to be no check or any periodic inspection of the staff, equipment, instruments etc. of these operators, ruled the High Court .
Going by experience, it is noticed that even helmets, harnesses, hooks, which are extensively used in adventurous activities are not at all inspected, that to talk of these being periodically inspected. In many of the cases, even the license, qualifications etc. of the operators probably are not even looked into, let alone being verified. Therefore, it is high time that such practices must be dis-continued and stopped forth, order the the Court
The High Court constituted a team under the chairmanship of the concerned Secretary, District Legal Service Authority, Director, Atal Bihari Vajpayee, Institute of Mountaineering and Allied Sports, Manali, SDMs, DY.S.Ps. Executive Engineer HPPWD,The President, Water Sports Association Member; in case of water sports. deputy Director Tourism and Civil Aviation or his/her representative in any other office.
The committee shall personally and physically verify the following documents registration and license of the operators and period of validity thereof, details of all Guides and Instructors including copies of certifications and record of their experience, copies of all Permits and Permissions for the proposed adventure sports registration, copies of identification documents, Insurance cover for all participants, guides and instructors copy of Standard Operating Procedure (SOP) and emergency Action Plan for the particular adventure sport to include arrangements for emergency lift and evacuation of clients in case of mishap. Specialization of activities or activity of the operator(s)for which it has been registered for all adventure sports activities.
The High Court has also sought details of the adventure equipment as well as specialized trained staff in First Cardio-pulmonary Resuscitation along with certificates evincing that they have successfully completed basic course in first- aid from Government Hospital or any Recognized institution or certificate course conducted by the Adventure Tour Operators Association of India, who is otherwise competent to impart first aid training in the use of stretchers.
The Court has sought the documents in support of adventure tour operator having a minimum of two experienced and well qualified executive staff under its direct employment. Either Owner or Director himself or their operations-chief employed is well qualified in adventure activity which the operator wants to pursue.
The qualification must be duly certified by Atal Bihari Vajpayee Institute of Mountaineering and Allied Sports, Manali or other outside the state which are recognised. Documentary proof that the operator(s) has covered the risk factor of the Client/guides/instructors by insurance to cover accidental deaths, loss of limbs and/or eyes and permanent/partial disability and emergency evacuation.
The court said the guide/Instructor is 21- years of age and medically fit as certified by the Medical Officer. He/she holds a valid basic First Aid and Cardiopulmonary Resuscitation (CPR) Certificate or equivalent Certificate issued by a Medical Officer of the government hospital or any recognized institution.
The Guide/Instructor has clearly indicated, at the conspicuous place, its specialization of activity or activities, for which client wants to register like Rappelling, River Crossing, Skiing, Trekking, Rock Climbing, Hot Air Ballooning, Zorbing, Balls, Rolling Balls, Water Balls, Bungee
Jumping and Zipline/Flying Fox, Joy Rides or any other allied adventure sports.
As regards sports covered under the Himachal Pradesh Aero Sports Rules, 2004, the team shall also inspect and certify the equipment of the operators are internationally homologated design, safety parachute, helmets, two way radio communication equipment, instrument panel with all minute details.
The operator has two aero sports qualified guides for the guidance of participants and the persons operating the air raft having the requisite qualifications and experience prescribed under these Rules and have equipment individually for safety measures on the same lines as are required for participants.
The operator has guides not less than 18 years of age and all guides are well trained in aero sport and rescue techniques. The operator has necessary equipment, medical facilities and other facilities and safety measures, during the operation.
Talking about animal safari/rides in the state, the High Court said it shall be ensured that no cruelty is meted out to the animals and the operator does not violate the provisions of the Indian Wildlife (Protection) Act and each of such animals including horses and yaks etc, shall be medically examined by a veterinary doctor.
The Court directed inspections will be carried out positively before 6.2.2022 and compliance report to this effect, in a tabulated form, evincing compliance of the various provisions of the aforesaid Rules be filed by the concerned Secretary, District Legal Services Authority. The high court also sought inputs and suggestions of the aggrieved separate link to fair proceedings on virtual platform be provided to him on the next date of hearing.
