The Karnataka High Court has recommended that the state's tourism department, in consultation with other relevant departments, consider formulating a comprehensive policy and regulatory framework for the establishment, operation, and supervision of homestays across the state.
Background of the Case
Justice Suraj Govindaraj made this suggestion while hearing a petition filed by the owner of a homestay in Kodagu district. In early 2024, a US national was allegedly drugged and sexually assaulted by a staff member at the establishment. The owner challenged the deputy commissioner's notice to revoke the homestay's license. The court directed that the notice be treated as a show-cause notice, with the petitioner required to submit a response by June 24.
Need for a Comprehensive Policy
The Karnataka Tourism Trade (Facilitation and Regulation) Act, 2015, currently provides for registration and regulation of tourism establishments, including homestays. However, the court emphasized that a comprehensive policy is necessary because homestay operations involve multiple statutory and regulatory domains. The judge noted that a homestay is not merely a commercial establishment but a place where members of the public reside.
Public Purposes Served
The court observed that a comprehensive policy would serve several public purposes: ensuring tourist safety, promoting confidence in Karnataka as a tourist destination, ensuring uniformity in enforcement, reducing regulatory ambiguity, and facilitating ease of compliance for operators. Additionally, it would clearly delineate the responsibilities of various government authorities involved in regulation.
Current Regulatory Gaps
Currently, aspects such as tourism, food safety, fire safety, local administration, public health, police verification, taxation, and environmental compliance are administered by different departments. The court highlighted the need for a structured inspection and enforcement mechanism.
Key Areas for Policy Focus
- Fire Safety: Homestays operating from residential buildings must have adequate fire prevention measures, emergency exits, firefighting equipment, evacuation protocols, and periodic inspections.
- Food Safety: Food served must meet safety standards; kitchens must be hygienic, and storage norms must comply with safety laws.
- Building Law Compliance: Homestays often operate in residential, semi-urban, rural, coastal, eco-sensitive, or hill areas. They must comply with zoning regulations, occupancy norms, waste management obligations, and other requirements.
- Guest Security: Maintaining accurate guest records, verifying identification documents, and cooperating with law enforcement agencies are essential.
- Transparency in Bookings: Issues related to pricing, cancellation policies, amenities, refunds, hidden charges, accommodation quality, and grievance redressal must be addressed.
- Sanitation: Cleanliness, drinking water, waste disposal, sewage management, and environmental sustainability are critical.
- Family-Run vs. Commercial: A clear distinction between family-run small homestays and larger commercial establishments is needed, with regulatory requirements proportionate to scale and nature of operations.
Stay updated with the latest Bengaluru news. Download the TOI App.
