High Court’s Call for Comprehensive Regulation of Homestays
The Karnataka High Court has recently emphasized the need for a comprehensive regulatory framework for homestays across the state, following a rape complaint by a US tourist. The court has urged the Tourism Department to develop detailed, multi-sector policies aimed at ensuring the safety, compliance, and consumer protection within the industry. This directive emerged from the case PA Ponnappa v. State of Karnataka & Ors, presided over by Justice Suraj Govindaraj.
Justice Govindaraj’s Observations
Justice Govindaraj highlighted the necessity of a structured framework that encompasses various aspects such as fire safety, food hygiene, guest verification, and environmental compliance. He pointed out the increasing number of disputes and legal actions concerning homestays, indicating the urgent need for a more integrated regulatory approach. “This Court has, of late, been noticing an increasing number of disputes and petitions arising out of actions taken against homestays on the basis of complaints received from tourists, neighbouring residents, local authorities and other stakeholders,” the Court observed.
The Court further noted that homestays should not be considered as ordinary commercial establishments due to their unique position in the tourism sector. “A homestay is not merely a commercial establishment; it is a place where members of the public reside, often for extended periods, and where food, accommodation, and related services are provided,” the Court stated, emphasizing the importance of public safety, health, hygiene, security, consumer protection, and civic compliance.
Proposed Framework for Regulation
The Court laid out a ten-point framework aimed at guiding the formulation of future policies:
- Robust fire safety norms, including emergency exits and periodic inspections, especially in residential buildings.
- Strict compliance with food safety and hygiene standards, along with proper licensing and storage norms.
- Adherence to building regulations, zoning laws, and local permissions.
- Maintenance of guest verification records and cooperation with law enforcement on security issues.
- Implementation of consumer protection measures like transparent pricing and grievance redressal.
- Standards for sanitation, cleanliness, drinking water, waste disposal, and environmental sustainability.
- Coordination among various authorities, including tourism, police, and food safety agencies.
- Introduction of a structured inspection and enforcement system with graded penalties.
- Differentiation between small homestays and large commercial operations in compliance requirements.
- Development of a comprehensive, unified policy for consistent regulation.
Case Background and Court Decision
The case arose from a petition by a homestay proprietor in Kodagu, challenging the cancellation of his registration following a sexual assault complaint. The complaint involved a US national who alleged she was drugged and assaulted by a worker at the homestay. The proprietor argued that the cancellation, which occurred shortly after the filing of a First Information Report (FIR), violated procedural safeguards as no notice or hearing opportunity was provided.
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The High Court agreed with the petitioner’s argument, setting aside the cancellation order and treating it as a show-cause notice. The Court granted the petitioner two weeks to respond and directed authorities to issue a fresh order following due process. The matter is scheduled for further hearing in July.
Advocate Angad Kamath represented the petitioner, while Government Advocate Shamanth Naik appeared for the State.
