Examine feasibility of formulating regulatory framework for homestays: Karnataka High Court

The High Court of Karnataka has directed the State government to examine the feasibility of formulating a comprehensive policy and regulatory framework governing the establishment, operation and supervision of homestays.

Justice Suraj Govindaraj issued the direction while quashing the cancellation of the registration of a homestay in Kutta village of Ponnampet taluk in Kodagu district following the alleged sexual assault of a U.S. national in April.

No notice

The court held that the district authorities cancelled the registration without issuing notice and without adhering to the provisions of the Karnataka Tourism Trade (Facilitation and Regulation) Act, 2015. The court converted the cancellation order into a show-cause notice, allowing the petitioner, the owner of the homestay, to file a response to the notice.

Meanwhile, the court pointed to the increasing and recurring number of disputes and petitions arising out of actions taken against homestays on the basis of complaints from tourists, neighbouring residents, local authorities, and other stakeholders.

Nine areas

The court identified nine critical areas requiring attention: fire safety measures in residential buildings converted to host guests, food safety and kitchen hygiene standards, building compliance and zoning regulations, guest security and mandatory identity verification, consumer protection and pricing transparency, sanitation and waste management standards, clear delineation of responsibilities among various government departments, a structured and non-arbitrary inspection mechanism, etc.

Small homestays

A distinction may also be required between small family-run homestays and larger commercial establishments operating under the nomenclature of homestays as regulatory requirements should be proportionate to the scale and nature of operations so as to avoid imposing an undue burden upon genuine small operators while ensuring adequate oversight of larger establishments catering to substantial numbers of guests, the court said.

In the absence of a coordinated framework, the court said the homestay operators were often uncertain as to the approvals required and the authority competent to grant them, while enforcement agencies may adopt inconsistent approaches.

A consolidated regulatory framework would facilitate compliance and improve administrative efficiency, the Court pointed out.