Recent incidents of tourist violence in Goa highlight a troubling dichotomy: while tourism remains a key economic driver, its unchecked growth has led to significant public order challenges. The state’s reliance on an unregulated tourism model, coupled with lax enforcement mechanisms, has exacerbated tensions between visitors and locals.
The Bharatiya Nyaya Sanhita, 2023: A new legal paradigm
With the repeal of the Indian Penal Code, 1860 (IPC), the Bharatiya Nyaya Sanhita (BNS), 2023 is now the governing criminal law in India, including Goa. The BNS introduces a modernised approach to penal provisions, incorporating stricter penalties for assault, rioting, and public disorder—offences frequently arising in tourist-related violence. While the BNS provides a strong legal foundation, enforcement remains a concern, especially given the transient nature of offenders who may evade prosecution by departing the state.
Goa Tourism Policy: Gaps and required reforms
The Goa Tourism Policy seeks to promote sustainable and responsible tourism but lacks enforceable provisions to regulate tourist behaviour. While the policy acknowledges the need for cultural preservation, it does not impose restrictions on visitor conduct in residential areas or mandate accountability for rental vehicle providers.
Key gaps in the policy include:
● No clear penalties for disruptive tourist behaviour.
● Lack of registration or licensing norms for tourist vehicles beyond general motor vehicle regulations.
● Absence of a monitoring system to prevent repeat offenders from revisiting Goa.
Singapore’s Strict tourism laws: A model for Goa
Singapore, despite being a global tourism hub, maintains stringent laws to ensure public order.
The Public Order Act, 2009 mandates strict regulations against disturbances, allowing immediate police action. Key features include:
● Severe penalties for public nuisance, vandalism, and assault.
● Compulsory fines for littering, public drunkenness, and disorderly behaviour.
● Strict regulations for tourists renting vehicles, requiring identification and liability guarantees.
● Heavy fines for foreign nationals violating road safety laws.
These measures ensure that tourism does not come at the cost of local citizens’ security and way of life.
Implementing similar policies in Goa—such as tourist behaviour monitoring, vehicle rental regulations, and a blacklisting system—could curb misconduct effectively.
The role of rental vehicle operators: An unregulated sector
A major enabler of tourist-related altercations in Goa is the unchecked proliferation of rent-a-car and rent-a-scooter services. These services provide tourists unrestricted access to public roads and local neighbourhoods, leading to frequent disputes.
Unlike in countries where foreign drivers must acquire temporary permits or adhere to strict conditions, Goa allows seamless access with minimal oversight.
Concerns with the current system include:
● Unfamiliarity with local road rules leading to accidents and confrontations.
● Lack of liability enforcement, with rental operators failing to ensure tourists understand legal responsibilities.
● Disruptions in residential areas, where tourists bring traffic and disorder to otherwise quiet neighbourhoods.
A licensing regime for rental operators, including mandatory safety briefings and a liability framework, is essential to mitigate these risks.
Exclusive residential zones: A constitutional perspective
To protect Goa’s unique cultural identity and prevent excessive disruption in local communities, a segregated zoning system could be introduced, restricting non-residents from accessing designated Goan residential areas.
The Supreme Court has consistently held that differential treatment is permissible if it is based on intelligible differentia and serves a rational nexus to a legitimate objective. In the context of preserving Goan identity and local harmony, such zoning laws can be justified under the doctrine of Reasonable Classification under Article 14 of the Indian Constitution.
Research papers on tourism management: The need for regulation
Studies indicate that unregulated tourism leads to social tensions, environmental degradation, and dilution of cultural identity (Sustainable Travel International, 2024).
According to SustainableTravel.org (2024): "Overtourism occurs when too many visitors flock to the same place, causing detrimental impacts on the environment, local communities, and visitor experience. In other words, it’s when we love a destination to death".
Implementing controlled interaction models—such as guided tourism, behavioural codes of conduct, and restricted access to sensitive local areas—has been shown to reduce these issues effectively (Muresan et al., 2022).
Goa, as a high-tourism region, would benefit from integrating such research-backed policies into its tourism management framework.
Global precedents for restricted access to indigenous and cultural zones
Certain indigenous populations have maintained strict regulations to protect their way of life from external influences. For example, the Jarawas and Sentinelese tribes in the Andaman and Nicobar Islands have historically maintained limited contact with outsiders. The Indian government enforces strict protections under the Protection of Aboriginal Tribes Regulation, 1956, prohibiting unauthorised entry into tribal reserves and restricting tourism-related interactions to prevent cultural erosion.
Many ethnically and culturally distinct populations worldwide enforce restrictions on external interactions to preserve their way of life:
● Pygmy Tribes in Central Africa: Governments enforce limited contact policies to protect indigenous customs.
● Venice, Italy: To combat over-tourism, Venice has implemented a tourist tax and restricted access to certain areas at peak times. The city has also considered requiring reservations for day-trippers to manage crowd control.
Applying a similar localised restriction policy in Goa—designating certain residential neighbourhoods as exclusive to Goan-origin persons—could prevent conflicts and uphold the state’s unique identity.
Conclusion: Goa’s path to self-empowerment
Goa must transition from a subservient tourism-dependent state to a self-empowered, culturally protected entity. This requires:
● Stricter enforcement of the BNS, 2023 against tourist-related crimes.
● Overhaul of the Goa Tourism Policy to introduce accountability measures.
● Regulation of rental vehicle services to prevent unrestricted access.
● Legal recognition of Goan residential zones, ensuring the local population's rights are preserved.
Rather than bowing to the pressures of an unchecked tourism economy, Goa must assert its right to protect its people, culture, and resources.
As Goa continues to evolve, it must decide: Will it remain a tourism-reliant state subject to external pressures, or will it assert its cultural and legal sovereignty?
