NEW DELHI: Minister of state for home affairs Nityanand Rai on Tuesday informed Parliament that there was no data with the Centre of people killed or injured during a stampede at the recently concluded Maha Kumbh Mela in Prayagraj.
Calling the stampede incident a state affair, Rai said the state governments are “competent to deal with such situations”.
In a written reply to Lok Sabha, the minister said “organisation of religious congregations, crowd management, provision of amenities to devotees, prevention of any type of disaster during the congregation, etc are closely linked to ‘Public Order‘ which is a state subject”.
“No such data is maintained centrally. Public Order and ‘Police’ are State subjects as per the Seventh Schedule to the Constitution of India. Organization of religious congregations, crowd management, provision of amenities to devotees, prevention of any type of disaster during the congregation, etc are closely linked to ‘Public Order’ which is a state subject,” Rai said in reply to the Lower House, according to news agency ANI.
He further wrote: “Conducting of any type of enquiry into any type of disaster occurred in a State including stampedes and provision of financial assistance to families of deceased devotees and injured persons, also come under the purview of the concerned State Governments. State Governments are competent to deal with such situations. No such data is maintained centrally.”
What happened in Maha Kumbh
At least 30 pilgrims died and over 60 were injured in a stampede on Akhara Marg on January 29 after a rush of visitors converging on Sangam for a dip in the opening hours of Maha Kumbh’s ‘mauni amavasya’ – the most auspicious period in the 45-day event’s calendar – led to barricades collapsing and opened the gateway to chaos for close to an hour.
The 1-2am tragedy capped a crowd management nightmare, marked by over 12 crore pilgrims swamping the Maha Kumbh area over the past two days leading to mauni amavasya. Nearly 5.5 crore had taken a dip in the waters of the Sangam by late January 28, according to official data. As the night wore on, the congregation only grew, leading to the stempede.
What does the law say?
In the Constitution, “public order” and “police” are subjects listed in the State List under the Seventh Schedule, granting state governments primary control over maintaining law and order within their territories. Public Order refers to the overall peace and tranquility of society, ensuring that disturbances, riots, or disruptions do not threaten citizens’ safety. The state police forces are responsible for enforcing laws, preventing crime, and maintaining order. However, states must act within the broader framework of fundamental rights and national security considerations set by the Constitution and Parliament.
Despite being state subjects, the Centre can intervene under specific conditions. Article 355 empowers the Union to protect states against external aggression and internal disturbances. The Centre can deploy central forces like the CRPF or the Army when law and order situations escalate beyond a state’s control.
Additionally, under Article 356, if a state government fails to maintain public order, the President can impose President’s Rule. While law and order remain primarily a state responsibility, the Centre’s role is significant in cases of national security threats or inter-state conflicts.
