The Himachal Pradesh High Court has instructed the Deputy Commissioner of Kullu to assess and propose an appropriate upper age limit for individuals involved in kayaking and other river sports. Furthermore, the court has stressed the importance of senior citizens obtaining a fitness certificate prior to participating in these activities.

The bench, led by Chief Justice M.S. Ramachandra Rao and Jyotsna Rewal Dua, has mandated the establishment of an upper age limit for individuals planning to partake in kayaking or other river-related sports. Additionally, they have directed that senior citizens participating in these activities must furnish a Fitness Certificate. Moreover, the bench has highlighted the importance of having the capability to swim, which may also be deemed necessary.

At that time, the court observed deficiencies in safety measures and highlighted that numerous rafting operators were not adhering to Rule 11(b) of the Himachal Pradesh River Rafting Rules, 2005. This rule stipulates that operators must have either two rescue rafts or a combination of one raft and a kayak.

Following this observation, the court instructed the Deputy Commissioner of Kullu to submit a report detailing the proactive measures taken to enforce these rules. Additionally, the court requested information on the number of operators penalized for non-compliance with these rules in the past two years. Furthermore, the court sought proposals for additional effective measures aimed at preventing fatal accidents during rafting activities.

Expanding on its previous directives, the recent decision by the court underscores the imperative to bolster safety protocols in adventure sports. This heightened emphasis comes in response to a tragic incident involving the untimely demise of a 65-year-old tourist.

In addition to emphasizing the requirement for senior citizens to present a Fitness Certificate before engaging in adventure sports, ensuring the physical well-being and suitability of older individuals for such activities, the bench has tasked the District Magistrate of Kullu with thoroughly assessing this aspect. The DM is directed to formulate and propose appropriate recommendations concerning the evaluation of senior citizens' fitness for participation in these adrenaline-pumping endeavors.

The matter has been posted on 18 July 2024 for further consideration.

Case Title: Court on its own motion Vs. State of HP