Room for reforms

Every year, major cities across states receive thousands of students and young professionals migrating to pursue employment and educational opportunities. This influx has significantly boosted the private hostel and paying guest (PG) accommodation sector. There are a couple of reasons behind the flourishing of the unregulated PG and private hostel business: (1) for students, the right to access college hostels is not a mandated right; consequently, students, along with working professionals, often seek PG accommodations; and (2) individuals prefer these options due to fewer formalities and compliance requirements.

Unfortunately, this growth has also led to significant issues such as exorbitant fees, student suicides, fire incidents in PG facilities, and tragic events like the killing of a working woman in Bengaluru’s PG, and disasters in Delhi’s coaching hubs. These problems, exacerbated by a lack of essential facilities and inadequate safety norms, underscore the urgent need for robust regulatory measures to ensure the protection, safety, and hygiene of residents while maintaining public peace and order.

Why is there a crying need for room reforms?

(A) Data unavailability

As of now, there is no official data available on the number of PGs and private hostels. This absence of maintained records leads to ineffective policy-making and regulatory paralysis.

(B) Who holds the reins on PG and hostel regulations?

(1) Issues at Inter-governmental level: A major issue in regulating PGs and hostels is determining which authority—Centre, state, or local bodies—is responsible, leading to a shifting of accountability between different levels of officials. Generally, safety and security are crucial factors for maintaining societal order and stability in a city. According to Schedule VII of the Constitution of India, ‘Public Order’ falls under the State List, granting states the power to create laws, while ‘Social Security’ is in the Concurrent List, allowing both the Centre and states to legislate. Urban local bodies often have minimal regulatory oversight in this area, with some exceptions, yet they seem to play a major role in regulating this industry. A combined interpretation of the constitutional mandates for ‘Public Order’ and ‘Social Security’ suggests that state governments have the major mandate and authority to enact pan-state laws governing PGs and hostels.

(2) Issues at the operational level of laws: There has also been considerable confusion regarding responsibility within municipal areas. Courts have had to determine which authority should create comprehensive regulations for PG and private hostel accommodations. Typically, comprehensive regulation is handled through plans, schemes, or policies enacted under the state’s Municipal Authority Act. In some regions, regulation falls under the state’s Rent Control Act. For instance, in Gujarat, the Gujarat State Cooperative Board regulates stays in PGs and hostels for its governed members, while Chandigarh operates under the Development Act, and Noida follows an additional registration under the Sarai Act (1867). Bengaluru Police mandates additional compliance under the Karnataka Public Safety Act, 2017. In certain states, such as those governed by the Bombay Police Act (1951), Karnataka Police Act (1963), Hyderabad Police Act, Calcutta Police Act (1866), and Mysore Police Act (1963), the police have some regulatory authority, viewing accommodation services as a form of ‘public entertainment.’ Consequently, in states like Delhi and Maharashtra, where no specific statutory body or Act exists for PGs and private hostels, the police have stepped in, utilizing their powers under these Police Acts to draft regulations and address regulatory gaps. This multiplicity of authorities not only complicates matters but also results in considerable confusion for citizens.

(C) Disparate standards and regulatory bodies across states:

(1) Standard variation: The distinction between the standards of a paying guest (PG) and that of a tenant or lessee often undermines the policy frameworks set by civic authorities. For instance, under the Maharashtra Rent Control Act of 1999, a ‘paying guest’ is defined as someone who, not being a family member, occupies part of a property where the licensor resides, either physically or symbolically. However, property owners often evade these regulations by representing their properties as rental units rather than PG accommodations. This manoeuvre effectively bypasses the stringent rules intended for PGs. As a result, while the actual use of the property is apparent, the administration’s legal position becomes untenable due to these misleading practices.

(2) Gaps and overlaps: In India, there is no uniform legislation governing PG and private hostel accommodations. Although some municipal corporations and local authorities in cities like Gurugram, Chandigarh, Bengaluru, Mangalore, and Noida have developed their own plans and policies, these often address only select aspects such as building bylaws, fire safety, land-use norms, and commercial taxation. These regulations are fragmented, overlapping, and managed by various departments in isolation. Additionally, meal provision is viewed as an extra service by PG and hostel owners, necessitating a food safety license from the Food Safety and Standards Authority of India (FSSAI). Critical issues in PGs and private hostels—including inmate safety and security, overcrowding, hygiene, cleanliness, unregulated room rents, lack of medical facilities, background checks, and CCTV coverage—remain largely unregulated and disorganized. Without a comprehensive state or national statute, city administrations will continue to be passive observers of the unchecked expansion of PGs.

(D) Absence of basic amenities:

(1) Safety: It is a significant concern, particularly for women. There have been troubling incidents in women’s hostels, including hidden cameras, overcrowded and poorly ventilated rooms leading to suffocation, and cases of miscreants entering PG rooms to commit sexual harassment and even murder. The lack of rating systems and security checks for PG establishments makes it challenging for newcomers to find safe accommodations in the city. Additionally, the absence of grievance committees or forums within private hostels and PGs, inadequate helplines for reporting issues, and the lack of round-the-clock supervision by physically capable resident managers or wardens exacerbate safety concerns. In the past, it was observed that the Ministry of Women and Child Development had introduced policies aimed at improving safety in women’s and children’s accommodations, often with government funding support. However, these policies are not consistently and universally enforced across all PGs and private hostels, leading to varying levels of safety and security.

(2) Unhygienic food and water facilities: Reports reveal that many private hostels and PGs serve food without the mandatory FSSAI registration under Food Safety and Standards (Licensing and Registration) Regulation, 2011 which is required at all stages of food handling—from raw materials to distribution.

Suggestions and conclusion

In view of the discussion above, there is a clear need for a codified state-specific statute, similar to the one in Tamil Nadu. In Tamil Nadu, a model framework exists for regulating hostels for women and children, as established under the Tamil Nadu Hostels and Homes for Women and Children (Regulations) Rules, 2015, and the Tamil Nadu Hostels and Home for Women and Children (Regulation) Act, 2014. Under this Act, hostels must obtain a license from the collector for three years, which can be renewed. Each premise must appoint a resident manager, with one manager or resident manager for every fifty inmates, responsible for ensuring no mental or physical harassment occurs. Hostels with more than fifty inmates must install CCTV cameras or digital video recorders at entry and exit points. The Act also mandates the appointment of sufficient security personnel to provide round-the-clock security. Managers must maintain a visitor’s register, detailing each visitor’s name, address, relationship, time, and purpose of visit. In case of any untoward incident affecting an inmate, the manager must report the incident to the jurisdictional police and the Collector, explaining the incident and the circumstances leading to it.

This regulation addresses most aspects of managing a PG business and serves as a best practice model that other states can build upon to create more comprehensive and universally applicable laws, regardless of gender. Such legislation pan state or the country would create a framework that mitigates the broad discretionary powers currently exercised by both police and municipal officers at the municipal level. Therefore, it is crucial to develop lawful strategies that include significant penalties and punishments for defaulting owners and address any misconduct by officers managing PG and private hostel operations.

Just as the Supreme Court of India emphasized in Vineet Narain v. Union of India (1997), besides the need for effective governance by highlighting the inefficiencies caused by multiple agencies with overlapping jurisdictions and calling for a single, well-defined agency to address issues like corruption, there is also a pressing need for a common platform and authority.

In its Union Budget 2024, the government announced that rental housing with dormitory-style accommodations for industrial workers will be facilitated through a public-private partnership (PPP) model. The Sakhi Niwas initiative aims to increase women’s workforce participation by establishing working women hostels in collaboration with industry and setting up crèches. Moreover, the government plans to roll out a scheme to provide internship opportunities in 500 top companies to one crore youth over the next five years. These measures will necessitate a significant expansion of PG and hostel facilities across the country, making room reforms an urgent priority.

OP Singh, former DGP UP, is currently Advisor in India Child Protection at Delhi; Himanshu Dixit, an alumnus of Indian Law Institute, is a Delhi-based Advocate. Views expressed are personal