On a peaceful morning in Pahalgam on 22 April 2025, one of the most beautiful tourist spots in Kashmir, everything changed when a shocking terrorist attack took place. Innocent lives were lost, and the incident raised a serious question: Is India truly prepared to protect its tourists?
This tragedy has not only caused pain and fear, but it has also highlighted a big gap in our system — India does not have a clear law to keep tourists safe. This issue goes beyond emotions. It raises real concerns about our laws, our government’s role, and our duty to our country’s visitors. In this blog, we’ll talk about how terrorism affects tourism, where the legal system falls short, and why it’s urgent to make strong changes now.
Legal Angle: The Absence of a Tourist Security Law
Even though India is one of the most visited countries in the world, it still doesn’t have a clear law to protect tourists — especially when it comes to serious threats like terrorism, violence, or natural disasters. While general laws like the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) can help after a crime has happened, they don’t do enough to prevent harm or address the special risks that tourists face.
Right now, tourist safety is handled by different agencies — like the local police, intelligence units, and the tourism department — but they don’t always work together. Some states have a Tourism Police, but there’s no national law that defines their powers or gives them proper training. This means there’s no standard system to keep tourists safe across the country.
Existing Legal Tools — Are They Enough?
- BNS & BNSS:
Help punish crimes after they happen, but don’t focus on prevention or tourist-specific risks.
- UAPA (Unlawful Activities Prevention Act):
Deals with terrorism in general, but doesn’t protect tourists as specific targets.
- The Foreigners Act, 1946:
Controls who can enter and stay in India but says nothing about keeping visitors safe.
- The Disaster Management Act, 2005:
Helps during natural disasters but not when there’s a terrorist threat or violent attack.
Because India doesn’t have a Tourist Protection Act, it’s hard to hold anyone accountable when safety fails. This gap in the law puts tourists at risk, weakens the tourism industry, and leaves authorities without clear rules to follow.
In contrast, countries like Thailand and the UAE have special Tourist Police backed by proper laws, and many European nations have strong systems for tourist emergencies. India can learn a lot from these examples — and needs to act fast.
The Pahalgam Attack: A Security Wake-Up Call
The recent terrorist attack in Pahalgam, targeting tourist vehicles, shows a worrying trend — terrorists are now focusing on soft civilian targets to create fear and damage the economy.
Pahalgam, a major tourist hub and part of the Amarnath Yatra route, attracts thousands of visitors. Yet, the area lacked proper surveillance and tourist-specific security measures.
❗ Key Lapses:
- No intelligence sharing focused on tourist safety
- No mandatory briefings or advisories for tourists in sensitive areas
- No legal duty on police to protect tourist convoys
Past tragedies like the 2008 Mumbai attacks have shown that the state has a duty to protect life (Article 21), but there’s still no law focused on tourist protection.
Nilabati Behera v. State of Orissa (1993): The Supreme Court emphasized that the state is responsible when it fails to protect life — and must provide compensation.
The Pahalgam attack is a clear sign: tourism needs legal protection, not just good intentions.
Impact on Tourism and Economy
The Pahalgam attack didn’t just cause fear — it hit at the heart of India’s tourism economy. Places like Kashmir depend heavily on tourists for their income. Hotels, local shops, guides, transport services — many people earn their living by welcoming visitors. When an attack like this happens, tourists cancel their plans, and the local economy suffers immediately.
Tourism also helps build India’s global image. A peaceful and safe tourist experience encourages more people from around the world to visit. But when the news shows tourists being attacked, it sends a very different message — that India might not be a safe place to travel, especially in regions with ongoing tensions.
Here are some key effects:
- Drop in bookings:
Travel agencies and airlines see sudden cancellations.
- Loss of jobs:
Local businesses lose customers and sometimes have to shut down.
- Negative international attention:
Foreign governments may issue travel warnings, telling their citizens not to visit.
Even though India is rich in culture and natural beauty, one incident can undo years of trust built with travelers. This is why protecting tourists isn’t just about safety — it’s also about protecting livelihoods and the country’s reputation.
Legal Recommendations & Reforms
India is a country of incredible stories, majestic landscapes, and vibrant culture — but all of that fades if people don’t feel safe visiting. It’s time to stop treating tourist safety as an afterthought. We need a strong, clear law that makes protecting tourists a national priority — just like protecting VIPs.
Here’s what such a Tourist Protection Law could include:
✅ 1. Tourist Protection Force
A special police unit trained to deal with tourist needs — not just safety, but language help, emergencies, and local guidance. Think of it as a mix between a cop, guide, and guardian angel.
✅ 2. Mandatory Safety Protocols
Rules that require:
- Security checks in high-risk areas
- Tourist convoys to have escorts in sensitive regions
- Emergency helplines that actually work
✅ 3. Accountability for Negligence
If local authorities fail to act on known threats or ignore safety guidelines, there should be legal consequences. No more passing the buck.
✅ 4. Real-Time Travel Alerts
A government-managed app or portal that gives live updates about danger zones, weather issues, and curfews — with alerts in multiple languages.
✅ 5. Quick Response and Compensation
In case something goes wrong, tourists (and their families) should get quick legal help, medical aid, and fair compensation — without getting lost in red tape
“Tourism isn’t just a photo option. It’s a promise of safety. And right now, India is breaking that promise.”
What India Needs: A Law That Treats Tourists Like VIPs
India is a land of wonder — from the himalayas to the backwaters of kerala, from ancient temples to buzzing bazaars. But all of that means little if visitors don’t feel safe. After the pahalgam attack, it’s clear: india needs a dedicated law to protect its tourists — not just after something goes wrong, but from the moment they arrive.
Here’s what a tourist protection law should include:
1. Tourist protection force
A special police unit, trained not only in security but also in hospitality. These officers should speak multiple languages, understand tourist behavior, and be posted at key destinations — like a friendly, well-trained safety net for every visitor.
2. Mandatory safety guidelines
It should be compulsory for tourism operators, local bodies, and hotels to follow safety protocols:
- Escort services in high-risk areas
- Emergency contacts provided at check-in
- Safety drills and briefings for group tours
No tourist should be left guessing what to do in a crisis.
3. Accountability that bites
If there’s a clear failure in duty — whether by police, tour operators, or local authorities — the law must allow for legal penalties. A culture of accountability will force everyone to take tourist safety seriously.
4. Real-time safety alerts
A central app or helpline that provides instant updates on security threats, travel advisories, and emergency assistance — in multiple languages. It should be easy to use, widely promoted, and backed by law.
5. Fast legal & medical help
If a tourist is harmed, they or their families should get:
- Immediate medical attention
- Legal guidance
- Fair and fast compensation
All without getting caught in a maze of paperwork.
“Tourists bring the world to India — the least we can give them is peace of mind.”
A Wake-Up Call We Can’t Ignore
The attack in Pahalgam wasn’t just an act of violence — it was a loud warning bell. It reminded us that in today’s world, tourists aren’t just travelers — they are soft targets in the eyes of those who wish to spread fear. And India, despite its global image as a warm and welcoming destination, is not legally prepared to protect them.
Tourism is more than an industry. It’s a trust — a promise of safety, care, and unforgettable experiences. If that trust is broken, the damage is not just emotional or economic — it’s constitutional. The right to life and liberty (Article 21) should protect everyone on Indian soil — including tourists.
As legal professionals, it’s time we pushed for a clear message:
India must protect its guests — not just in spirit, but in law.
💡 Key Suggestions
- Draft a “Tourist Protection Act” that mandates safety protocols, sets up tourist police forces, and defines accountability for negligence.
- Establish a national Tourist Emergency Helpline with multilingual support and real-time alerts.
- Create mandatory safety guidelines for hotels, tour operators, and local governments.
- Launch training programs for police and hospitality staff on how to handle tourist security and crisis situations.
- Provide fast-track legal and medical support for tourists in distress, with a compensation mechanism for victims of violence.
🔍 Key Findings
- India has no dedicated law to protect domestic or foreign tourists from terrorism or violence.
- Existing legal tools (IPC, CrPC, UAPA) are reactive, not preventive.
- The Pahalgam attack exposed serious gaps in coordination, intelligence sharing, and emergency response.
- Countries like Thailand, UAE, and France have formal, legally-backed tourist safety systems — India can learn from these models.
- Tourist safety is a matter of both national security and economic policy.