INTRODUCTION
India has always been a tourist-magnet spot and it has always attracted a large number of tourists from all around the globe. India’s scenic beauty and aesthetic value has always drawn tourists towards the country and hence the tourism industry continues to grow and flourish with each passing day.
However, one has to be well-aware with all the legal formalities which one has to comply with in order to enjoy their stay without any hindrance or legal trouble. Hence, ignorance of the laws of the land should not be the approach of any tourist. Given the already lengthy and incommodious legal system, it is important to be well-versed with the law to prevent any legal difficulties of any sort.
In this article, YLCC brings you the legal issues in the tourism industry. Read on!
LAWS REGULATION TOURISM IN INDIA
There are mainly three laws regulating the foreign tourists in India, with which every foreign tourist must comply with:
- Passport (Entry Into India) Act, 1920;
- The Regulation of Foreigners Act, 1939; and
- The Foreigners Act, 1946.
Apart from the abovementioned, there are some other laws and regulations present for regulating tourism in India. They are:
- Passport (Entry Into India) Act, 1950;
- Foreigners Order, 1948;
- Foreigners (Tribunals For Assam) Order, 2006;
- Foreigners (Tribunals) Order, 1964;
- National Tourism Policy, 2002; and
- Registration of Foreigners Rules, 1992.
There are certain other guidelines issued by State/ Central government which much be followed for domestic tourist operators, Inbound tourist operators, Adventure tourist operators and such.
LEGAL ISSUES IN THE TOURISM INDUSTRY:
RESTRICTED/ PROTECTED AREAS OBSTRUCTIONS [1]
According to the Foreigner (Protected Areas) Act, a foreigner has to obtain a Protected Area Permit (PAP) to visit certain restricted/protected area which might not be a place of tourist attraction. Such a restriction is imposed due to the security or protection reasons.
A foreigner is not permitted to visit such areas unless they present a satisfactory reason to the Government of India. Even the Indian citizens who are not residing in such prohibited areas require an Inner Line Permit (IPL) to visit such areas. As for NRIs and OCI holders, they have to apply for PAP and are not eligible for IPL.
The PAP can be issued by:
- The Indian Embassy or Consulates abroad;
- Ministry of Home Affairs, Lok Nayak Bhawan and Government of India; and
- All Foreigner Regional Registration Offices (FRROs).
Along with having an Indian Visa, certain special instructions are laid down which are needed to be followed while issuing PAP:
- A foreigner must enter or exit the Northeastern states by air only;
- The PAP is only valid for more than one tourist groups;
- The PAP cannot be extended under any circumstances, or for any reason;
- The tourists are permitted to visit only the designated places and for the designated time only;
- No other area should be visited other than the areas which are indicated in the permit;
- Only the specific tourist route and specific entry/exit points shall be followed as mentioned in the permit;
- The permit holder must keep numerous copies accessible as they might be required to submit a copy at each entry/exit point; and
- The permit holder should largely make use of the national highways while travelling via road within the Northeastern states.
An exception to the abovementioned instructions is that citizens of Pakistan, Bangladesh, China and Myanmar (Burma) can get the permit only with the approval of the Ministry of Home Affairs.
FOREIGNERS REGIONAL REGISTRATION OFFICE COMPLICATIONS
Every foreign tourist must register themselves within 14 days at the Foreigner Regional Registration Office, unless stated otherwise in visa. However, in case of a tourist from Pakistan, he/she shall register himself within 24 hours. Any foreign tourist can register themselves at the airport itself. However, only the foreigners who are visiting India for a period of more than 180 days needs to register themselves and not otherwise. [2]
As for the tourists from Afghanistan, they need to register themselves within 14 days at the Foreigner Regional Registration Office, unless they plan to visit India for less than 30 days. [3]
Usually this is not a hectic procedure but if one fails to comply with it, it can cause some serious legal trouble for the tourist and hence it is advised to abide by the rules and regulations of the country.
ISSUES RELATED TO STAYING IN A HOTEL
Staying in hotels in India is bit of a hassle for the foreign tourists as they have to abide by the Section 14 of the Registration of Foreigner Rules, 1992. [4] According to Section 14, every hotel keeper ought to make a report and furnish the particulars necessary for recording, and sign of every visitor and on the arrival of the visitor at the hotel, his name and nationality shall be registered and maintained for the purpose mentioned in Form F. As for the foreign tourists, he shall furnish all other particulars mentioned in Items 4-10 of the said register. Along with that, at the time of his departure, he must furnish all the particulars necessary for recording in the said register, the date and the time of his departure and also the address to where he is proceeding. Every particular, except the signature of the visitor or hotel keeper, shall be recorded by the keeper in English language or any other Indian language, if he is so able.
The hotel keeper, within 24 hours of the arrival of the foreign tourist, shall transmit a copy of Form C and duly completed from the particulars furnished by such a foreigner to the Registration Officer. The register shall be available for inspection all the time on the demand of any Registration Officer, any magistrate or any police officer not below the rank of head constable.
Hence it is again important for all the tourists (Indian or Foreigner) to comply with all the rules mentioned under Section 14 in relation to their stay in any hotel.
SUBSTANCE LAWS FOR THE FOREIGN TOURISTS [5]
There are certain substantial laws which every foreigner should keep in mind while visiting India so as to not get involved in any legal trouble. As for the alcohol usage, the age limit varies from 18 to 25 depending upon the state. As for certain states (Gujarat and Bihar), alcohol is banned overall and hence its illegal in those states. Hence, it is important for the tourists to be aware of the laws should also defer from public drunkenness. Transporting/carrying alcohol from one state to another should be also avoided given the varying laws on alcohol.
As for the consumption of drugs, it is uniformly banned in the whole of India and any tourist should not engage in the consumption of it either. Again, the consumption, export, import and sale of beef and beef products is completely banned in a number of states and hence the tourists should be aware of the same.
CONCLUSION
It can be well concluded from this article that there are certain legal issues in the tourism industry especially when it comes to foreigner tourists. In order to enjoy a legal-trouble free vacation, one must comply with all the rules and laws mentioned in the article. Hence, following these trips and abiding by the law will not only help in a hassle-free trip but will also improve the tourism industry in the country.
[1]Protected/Restricted Area Permit for India, IMMIHELP, https://www.immihelp.com/protected-restricted-area-permit-india/, (last visited Jan 25, 2022).
[2] Tourism Laws in India, all that you should know, LATESTLAW, https://www.google.com/amp/s/www.latestlaws.com/amp/did-you-know/tourism-laws-in-india-all-that-you-should-know, (last visited Jan 26, 2022).
[3] Pragya, Tourism in India: A guide on the common legal issues, IPLEADERS, (Jan 25, 2022, 8:26 PM), https://blog.ipleaders.in/tourism-in-india-a-guide-on-the-common-legal-issues/.
[4] The Registration of Foreigners Rules, 1992 § 14.
[5] Shreya, Travelling to India- Laws to keep in mind, LEGALSERVICEINDIA, (Jan 26, 2022, 10 AM), https://www.legalserviceindia.com/legal/article-5400-travelling-to-india-laws-to-keep-in-mind.html.
YLCC would like to thank Riya Singh for her valuable insights in this article.