crowd management

While often used interchangeably, 'crowd control' typically refers to reactive measures taken by law enforcement to *disperse* or *restrict* a crowd, often involving force. 'Crowd management,' on the other hand, is a *proactive* and *preventative* approach that focuses on ensuring the safety and well-being of a crowd through planning, communication, and facilitation. UPSC sometimes uses them in ways that blur the lines, testing your understanding of the nuances and objectives behind each approach. For example, a question might describe a scenario and ask whether it's an example of 'effective crowd management' when the actions described are actually forceful crowd control measures.

The argument against unlimited liability, regardless of fault, rests on Article 19 (freedom to assemble peacefully) and Article 21 (right to life and personal liberty). Critics argue that imposing unlimited liability, even without negligence, could deter organizers from holding events, thus chilling the fundamental right to assemble. It might be seen as disproportionate, violating Article 14 (equality before law) if the punishment doesn't fit the crime or negligence level. It could also be argued that it violates Article 300A (Right to property) because it could arbitrarily deprive someone of their property.

The ineffectiveness stems from several factors:

• •Lack of Legal Backing: The guidelines are advisory, not legally binding, so states aren't obligated to implement them fully.
• •Poor Enforcement: Even when states adopt the guidelines, enforcement is often lax due to resource constraints, corruption, or lack of political will.
• •Coordination Issues: Effective crowd management requires seamless coordination between multiple agencies (police, fire, medical, etc.), which is often lacking.
• •Training Deficiencies: Security personnel are often inadequately trained in crowd control techniques and emergency response.
• •Permit Issuance Problems: Permits are sometimes issued casually without proper risk assessment or verification of safety measures.

Article 19(1)(b) guarantees the right to assemble peacefully without arms. Crowd management regulations, however, often impose restrictions on assemblies to maintain public order and safety. Courts have generally held that reasonable restrictions can be imposed on this right under Article 19(3), which allows the state to make laws restricting freedom of assembly in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order or decency or morality or in relation to contempt of court, defamation or incitement to an offence. The key is that these restrictions must be 'reasonable' – proportionate to the threat and not overly broad. The Madras High Court's recent rulings on political rallies on highways, requiring SOPs, exemplify this balancing act.

In the absence of a central law, states rely on a combination of existing laws and administrative guidelines. The primary laws used are the Police Act of 1861, relevant sections of the Bharatiya Nyaya Sanhita, 2023 (formerly IPC), and the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly CrPC). Some states, like Karnataka, are enacting specific crowd control legislation. Liability is generally determined based on negligence. The Public Liability Insurance Act, 1991, applies only if hazardous substances are involved. Compensation is often determined on a case-by-case basis through civil suits or government-initiated relief funds. This patchwork approach leads to inconsistencies and delays in providing relief to victims.

Using facial recognition and drone surveillance raises significant ethical concerns. On one hand, these technologies can enhance safety by identifying potential threats, monitoring crowd density, and facilitating emergency response. On the other hand, they can infringe on privacy rights, chill freedom of expression, and potentially be used for discriminatory profiling. Balancing these concerns requires:

• •Transparency: Clearly communicate the purpose and scope of surveillance to the public.
• •Data Minimization: Collect only the data that is strictly necessary for the stated purpose.
• •Purpose Limitation: Use the data only for the intended purpose and not for unrelated activities.
• •Accountability: Establish clear lines of responsibility for data collection, storage, and use.
• •Oversight: Implement independent oversight mechanisms to prevent abuse and ensure compliance with privacy regulations.