The "Garba at a Landslide" problem: Why it is more than just bad taste
Imagine you are stuck on a mountain road in Himachal or the Western Ghats. A massive landslide has just occurred. Boulders are still precariously hanging, the NDRF (National Disaster Response Force) is trying to clear the path, and an ambulance is waiting 200 metres back, unable to move. Instead of staying in their vehicles or helping, a group of tourists hops out, cranks up the volume on their Thar, and starts performing a Garba circle for an Instagram Reel.
This is not a hypothetical scenario; it recently happened with tourists in Gujarat, triggering massive backlash. While it looks like a case of "money can't buy class," it is actually a serious civic and legal issue. When people treat a disaster zone like a dance floor, they are not just being insensitive—they are obstructing emergency services, endangering themselves, and creating a public nuisance. In a country where 10 minutes can be the difference between life and death during a landslide or flood, this "main character energy" costs lives.
As a young citizen, you do not have to just sit there and fume. You can use the law to ensure that disaster sites are treated with the gravity they require. This guide breaks down how to identify these legal violations and the exact steps to report them so that "celebration at a tragedy" has real legal consequences.
What the law actually says about disaster-site behaviour
Post-July 2024, the legal landscape in India has shifted from the IPC to the Bharatiya Nyaya Sanhita (BNS). If you see tourists or locals creating a ruckus at a disaster site, several laws are being broken simultaneously.
1. Public Nuisance (Section 292 of the BNS)
Section 292 of the BNS (formerly Section 268/290 of the IPC) defines public nuisance as any act or illegal omission which causes any common injury, danger, or annoyance to the public or to the people in general who dwell or occupy property in the vicinity. Performing a dance or loud celebration at a landslide site clearly causes "annoyance" and "danger" to the public and rescue workers.
2. Obstructing Public Servants (Section 226 of the BNS)
If the police, NDRF, or local administration have asked people to clear the area or stay in their cars, and the group continues their activity, they are violating Section 226 of the BNS (formerly Section 186 IPC). This section punishes anyone who voluntarily obstructs any public servant in the discharge of their public functions. Rescuing people and clearing debris are core public functions.
3. Disobedience to Order Duly Promulgated (Section 223 of the BNS)
During disasters, District Magistrates often issue orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)—formerly Section 144 CrPC—restricting movement or gatherings. Violating these orders is a criminal offence under Section 223 of the BNS (formerly Section 188 IPC).
4. The Disaster Management Act, 2005
This is the most powerful tool for these situations. Under Section 51 of the Disaster Management Act, 2005, anyone who obstructs any officer or employee of the Central Government or State Government or a person authorised by the National/State/District Authority in the discharge of their functions can be punished with imprisonment for up to one year. If the obstruction leads to loss of lives or imminent danger, the punishment can extend to two years.
5. Dangerous Driving and Obstruction (Motor Vehicles Act)
If the tourists have parked their vehicles in a way that blocks the road for emergency vehicles to perform an "impromptu party," they are liable under Section 122 of the Motor Vehicles Act, 1988, for leaving a vehicle in a dangerous position.
For more on how to handle police interactions regarding these laws, see our guide on How to file an FIR (and what to do if police refuse).
Step-by-step: How to report obstruction or public nuisance
If you find yourself witnessing such an incident, follow this playbook to ensure the authorities take action. Do not engage in a physical confrontation; the goal is legal accountability, not a viral brawl.
Step 1: Document the evidence (Safely)
Before the group disperses, you need proof.
- What to capture: A video that shows the "celebration" or nuisance in the foreground and the disaster/rescue work in the background. This establishes the context of "nuisance" and "obstruction."
- Key details: Ensure you record the number plates of the vehicles involved. If they are using loudspeakers or high-volume car stereos, capture the audio clearly.
- Timestamp: Note the exact time and GPS location. Most modern smartphones do this automatically in the metadata of the photo/video.
Step 2: Contact the Emergency Response Support System (ERSS)
Dial 112. This is India's all-in-one emergency number.
- What to say: "I am at [Location]. There is a landslide/emergency situation here. A group of tourists in a [Car Model/Number] is obstructing rescue efforts and creating a public nuisance by [describe action, e.g., dancing/playing loud music]. This is hindering the NDRF/Police work."
- Ask for a Request ID: Every 112 call is logged. Ask the operator for the reference number of your complaint.
Step 3: Alert the District Disaster Management Authority (DDMA)
Every district in India has a disaster management portal and a control room.
- Find the number: Search for "[District Name] Disaster Management Helpline." Usually, it is 1077 or 1070.
- Why this works: The DDMA has the power to immediately direct the local Tehsildar or Police to clear the site under the Disaster Management Act.
Step 4: Use Social Media as a Civic Tool
If the authorities are slow to react, tag the relevant handles on X (formerly Twitter).
- Who to tag: @[State]Police, @NDRFHQ, and the District Magistrate (@DM_[DistrictName]).
- The Template: "Serious obstruction at [Location] landslide site. Tourists in [Vehicle Number] performing Garba/celebrating, blocking path for emergency services. Request immediate intervention under Sec 51 DM Act and Sec 292 BNS. #RoadSafety #DisasterManagement @[LocalPolice]"
- If you are reporting cyber-harassment related to these videos later, refer to the Cyber Crime reporting portal.
Step 5: Filing a formal complaint (Post-incident)
If the police were present but did not take action, you can file a written complaint at the nearest police station or via the state's online citizen portal (e.g., Gujarat's 'e-Cop' or similar portals in other states).
- What to bring: A printed copy of the photos/screenshots, the vehicle numbers, and the 112 Request ID.
- The Demand: Ask for the registration of an FIR under Section 292 (Public Nuisance) and Section 226 (Obstructing Public Servant) of the BNS.
Step 6: Follow up with an RTI
If no action is taken within 15 days, file an RTI to the Superintendent of Police (SP) office.
- The Question: "Provide the status of the complaint filed on [Date] regarding public nuisance at [Location] involving vehicle [Number]. Provide copies of the Daily Diary (DD) entry and any action taken report."
- For help with this, check our guide: File an RTI online.
To see more ways you can intervene in local issues, you can Browse all civic-action guides.
Where it usually breaks
Reporting "clout-chasing" at a disaster site isn't always a smooth ride. Here is where the process typically hits a wall and how you can push through:
1. The "Chalta Hai" attitude of local police
When you call the local police or approach a constable on-site, they might dismiss the incident as a minor annoyance rather than a crime. You might hear, "Bacche hi toh hain, reel bana rahe hain" (They are just kids making reels).
The Workaround: Do not just complain about the "noise." Explicitly mention Section 51 of the Disaster Management Act, 2005. Police officers are often more responsive when you cite a specific Special Act because it carries stricter penalties and mandatory action protocols during a notified disaster. If they still refuse, remind them of the Supreme Court's mandate in Lalita Kumari v. Govt. of U.P. (2014), which makes it compulsory to register an FIR if the information discloses a cognizable offence.
2. The "Evidence" Gap
By the time the police arrive, the group might have packed up their Thar and moved on. Without proof of the obstruction, it is your word against theirs.
The Workaround: Collect digital evidence safely.
- Capture the Number Plate: This is the most critical piece of info for the Motor Vehicles Act violations.
- Record the Obstruction: Don't just film the dance; film the ambulance or the JCB machine that is stuck because of their parked cars.
- Social Media Handles: These groups almost always upload the footage. If you see them filming, try to spot their Instagram handles or "vlogger" stickers on their cars. Tag the State Police and the District Magistrate (DM) on X (formerly Twitter) with the video.
3. Jurisdiction Ping-Pong
At a landslide site, you might see NDRF, SDRF, and local police. If you tell an NDRF person, they might say, "We only do rescue, talk to the police." The police might say, "This is a highway matter, talk to the Highway Patrol."
The Workaround: During a disaster, the District Magistrate (DM) is the ultimate authority under the Disaster Management Act. Instead of arguing with ground staff, call the District Disaster Management Authority (DDMA) helpline (usually 1077 or the local DM's control room number found on the {state}.gov.in portal). Reporting to the control room ensures the complaint is logged centrally.
4. Safety and Aggression
Groups performing these stunts are often large and can become aggressive if you confront them.
The Workaround: Never engage in a physical or verbal spat. Use the '112 India' App. It allows you to send an emergency alert with your GPS location and can record small bursts of audio/video that are sent directly to the police control room. It’s more discreet than standing there with a camera.
Templates / script
Template 1: FIR Draft for Public Nuisance and Obstruction
You can hand this to the Duty Officer at the nearest Police Station or send it via Registered Post to the SP if they refuse to file it.
To,
The Officer-in-Charge,
[Name of Police Station], [District], [State]
Date: June 4, 2026
Subject: Complaint regarding public nuisance and obstruction of disaster relief operations.
Respected Sir/Madam,
I am writing to report a cognizable offence that occurred on [Date] at approximately [Time] at [Specific Location/Landslide Site].
A group of individuals (approx. [Number] people) in vehicles [Vehicle Numbers, e.g., MH 01 XX 0000] were observed performing [describe activity, e.g., dancing/blaring music/blocking the road] while rescue operations were ongoing.
This act constitutes:
- Public Nuisance under Section 292 of the BNS, as it caused common danger and annoyance to the public and rescue workers.
- Obstruction of Public Servants under Section 226 of the BNS, as it hindered the NDRF/Police from clearing the site.
- Violation of Section 51 of the Disaster Management Act, 2005, by obstructing officers in the discharge of their duties during a disaster.
I have attached [Video/Photos] of the incident as evidence. I request you to register an FIR under the aforementioned sections and take necessary action.
Sincerely,
[Your Name]
[Your Phone Number]
[Your Address]
Template 2: Script for calling 112 / Emergency Helpline
"Hello, I am reporting an emergency obstruction at the landslide site on [Road Name/Highway]. A group of tourists has blocked the road for [Reason, e.g., making videos]. They are preventing the [Ambulance/Rescue Truck] from passing. This is a violation of the Disaster Management Act. Please dispatch a team to [Specific Landmark]. My name is [Name] and I am at the spot."
Template 3: Email to the District Magistrate (DM)
To: dm-[districtname]@nic.in
Subject: URGENT: Obstruction of Disaster Relief at [Location]
Dear Collector/DM,
I am bringing to your immediate notice a violation of the Disaster Management Act at [Location]. While the administration is working on landslide clearance, a group of [Tourists/Locals] is creating a public nuisance by [Describe Act].
As the Chairperson of the DDMA, I request you to direct the local police to clear the obstruction and penalise the offenders under Section 51 of the DM Act to set a deterrent for others.
Attached: [Link to Video/Photo]
Regards,
[Your Name]
FAQs
1. Is it legal to film people dancing at a disaster site?
Yes. In India, there is no "expectation of privacy" in a public space, especially when the individuals are committing a potential public nuisance or obstructing a public road. As long as you are not physically interfering with them or putting yourself in danger, your recording serves as vital evidence for the police under Section 173 of the BNSS.
2. What is the actual punishment for "Garba" or celebrations at a disaster site?
Under Section 292 of the BNS, the fine for public nuisance is generally small (up to ₹5,000). However, if they are charged under Section 51 of the Disaster Management Act, the punishment is much harsher: up to 1 year in prison. If their obstruction leads to a loss of life (like blocking an ambulance), the jail term can extend to 2 years.
3. Can I be arrested for "obstructing" if I am just standing there watching?
If the police or NDRF have issued a "clear the area" order (often under Section 163 of the BNSS), and you refuse to move, you can be charged under Section 223 of the BNS for disobedience. Curiosity is not a legal defence. If you aren't helping or reporting, move back at least 100 metres from the active rescue zone.
4. What if the people are locals and not tourists?
The law applies equally to everyone. However, local authorities are sometimes hesitant to act against residents. In such cases, emphasize the Motor Vehicles Act (Section 122) for "dangerous parking." The police find it easier to issue a challan for a wrongly parked car than to arrest a neighbor for nuisance.
5. Does this apply to private property near a disaster zone?
If someone is playing loud music on their private balcony overlooking a tragedy, it is still a "public nuisance" under Section 292 of the BNS if the noise or crowd gathered because of it "causes any common injury, danger or annoyance" to the public using the road or the rescue workers.
6. Do I have to pay any fee to report this?
No. Filing a police complaint or an FIR is free of cost. If any officer asks for a "processing fee" or "petrol money" to visit the site, they are committing an offence under the Prevention of Corruption Act. You can report such demands to the State Vigilance Department or via the pgportal.gov.in.
7. What if the disaster is not "officially" declared?
The Disaster Management Act kicks in as soon as there is a "catastrophe, mishap, calamity or grave occurrence." It does not always require a central government notification for the District Authority to act. Even for a local landslide, the DM has the powers to enforce these rules.