Industry
Stampede during Pushpa 2 screening reinforces need for celebrity accountability
Summary
To be sure, Allu Arjun was subsequently arrested and released on bail, even as his action-packed film Pushpa 2 has scaled past ₹1,800 crore in worldwide box-office collection, including nearly ₹1,200 crore in India.
Even as Pushpa 2: The Rule cements its position as one of the biggest hits of all time in India, lead actor Allu Arjun has been embroiled in a massive controversy over a stampede during the screening of the Telugu film at Sandhya Theatre in Hyderabad where he was present, that led to the death of a woman and left her minor son critically injured.
Legal experts say that the legal framework in the country allows for the arrest and prosecution of individuals, including celebrities, when their actions or negligence lead to public harm or fatalities, and are intended to hold individuals accountable.
In the past, Shah Rukh Khan too has faced legal action for a stampede that resulted in a person's death at a railway station in Gujarat while he was travelling to promote his movie Raees in 2017.
“These provisions are designed to hold individuals accountable when their actions, whether intentional or due to negligence, result in harm to others. In the context of celebrity events, organizers and participants are expected to take necessary precautions to ensure public safety. Failure to do so can lead to legal consequences, as seen in Allu Arjun's case," Gaurav Sahay, practice head - technology and general corporate at law firm Fox Mandal & Associates LLP said. It's important to note that while celebrities have certain rights, such as personality rights and the right to privacy, these do not exempt them from legal responsibilities, especially when public safety is at risk, Sahay added.
The Indian legal system does not provide specific exemptions for celebrities in such matters, ensuring that all individuals are subject to the same legal standards.
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To be sure, Allu Arjun was subsequently arrested and released on bail, even as his action-packed film Pushpa 2 has scaled past ₹1,800 crore in worldwide box-office collection, including nearly ₹1,200 crore in India.
Celebrity liability in law
Parveen Arora, partner at law firm BTG Advaya, pointed out that in addition to the elements of ‘intention’ and ‘negligence,’ the issue of vicarious liability must be established to hold someone accountable. He emphasized that while dismissing the case against Shah Rukh Khan, the Supreme Court had stated, “Celebrities have rights like other citizens and cannot be held vicariously liable or culpable. Being a celebrity does not imply he can control everyone else."
As far as the legal repercussions in India are concerned, Arjun faces serious charges under the Bhartiya Nyaya Sanhita, 2023 (“BNS"), including culpable homicide not amounting to murder, causing grievous hurt while acting with a common intention, explained Sanya Sud, partner designate at legal firm Saraf and Partners. Other offences that he may be charged with include death by negligence or endangering human life or public safety due to rashness or negligence.
To be sure, there have been other incidents that illustrate that celebrities or public figures may face legal consequences if their actions or omissions are found to have direct or indirect contribution to mishaps, especially in cases involving negligence or creation of unsafe environment for the public at large.
In 2017, a criminal case was filed against Shah Rukh Khan by a complainant who alleged that a stampede at Vadodara station was triggered by the actor’s appearance and his act of throwing memorabilia into the crowd.
Another instance involved political events of Telugu Desam Party (TDP) leader N. Chandrababu Naidu during which stampedes occurred, resulting in multiple fatalities. While no direct cases were filed against Naidu, who is the current Andhra chief minister, the organizing authorities were subjected to scrutiny over safety arrangements. The opposition groups argued that the stampedes were a direct consequence of the events, amounting to negligence or reckless conduct.
Further, in July 2024, at least 116 people died in a ‘Satsang’ in Hathras and police authorities contend that the tragedy occurred due to overcrowding at the religious congregation organised by self-styled godman Bhole Baba. Organizers of the event in Hathras were charged under multiple sections. “These incidents illustrate that celebrities or public figures may face legal consequences if their actions or omissions are found to have direct or indirect contribution to mishaps. Legal actions may be initiated if under Law of Torts (which deals with civil suits), if it is proven that actions lack foresight, directly causing harm. Further, if an event is poorly managed and leads to injuries or deaths, celebrities, as endorsers or participants, could face charges under sections 106 (causing death by negligence) or 125 (causing hurt by endangering life or personal safety of others) of the BNS," Zubin Morris, partner at Little & Co, said.
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That said, legal experts also point out that celebrities would be able to take recourse to multiple judgements of the Supreme Court and high courts which have narrowed down the applicability of criminal liability of such incidents on actors. Generally, for criminal liability to be fastened, the prosecution must show that the celebrities were aware that such an incident was likely to happen as a direct result of their actions and that they still did not take any measures.
“While, generally, it would be unfair to hold celebrities accountable in such cases, as these calls and arrangements are mostly by the celebrities’ PR, producers and theatre management, celebrities cannot be totally let off the hook, and they must insist that adequate arrangements be made and precautions taken," Rushad Irani, principal associate at Pioneer Legal said.
