Judicial Overreach? High Court Orders Ban On Water Sports And Paragliding In Uttarakhand

The Uttarakhand High Court has banned all water sports in the state including river rafting and paragliding. The court said that these activities were taking place in Uttarakhand in the absence of a policy. The court has given the state two weeks to enact a law that regulates adventure sports.

“We are shocked to know that the state government is permitting camping sites on river beds. It pollutes the environment and ecology of the river and the surrounding areas,” the court said.

The move could hit water sports and adventure sports - attractive elements in Uttarakhand's tourism, especially in Rishikesh, which is a popular destination for both. “The state government is directed to prepare the transparent policy within a period of two weeks. Till the policy is framed, no white river rafting, paragliding and other water sports shall be permitted in the state of Uttarakhand,” the order said.

The order said, "The raw sewage/sewerage is permitted to directly flow into the river. The state government till date has not enacted any law to regulate white river rafting, paragliding or water sports."

The court ordered the ban in response to a public interest litigation (PIL) filed by social activist Hari Om Kashyap. He is based in Rishikesh.

“We are shocked to know that the state government is permitting camping sites on river beds. It pollutes the environment and ecology of the river and the surrounding areas,” Justices Rajiv Sharma and Lok Pal Singh of the division bench said, The Times of India reported.

The court also expressed other concerns related to the presence of adventure sports in the state. Taking note of the deaths caused during adventure sports, it said, "Sports and pleasure cannot be permitted to end in disaster."

“We have also gone through the photographs. We can see people organising picnics inside the river water. They can be seen drinking in the river water. The sanctity of the river Ganga is not maintained by the respondent-state by permitting the lease of river beds,” the order said.

According to a report in the Hindustan Times, Kiran Todaria, president, Indian Association of Professional Rafting Outfitters (IAPRO), puts the number of rafting operators along the 36 km stretch of Ganga in Rishikesh, at 300.

The English daily reported that the petitioner said in his PIL "that state authorities were giving illegal leases in favour of private agencies to organise water sports on the Ganga."