The Punjab and Haryana High Court has expressed its "hope and expectation" that the states of Punjab and Haryana will "earnestly and effectively" implement existing laws regulating travel agents to protect innocent people from fraud. The observation came as a division bench declined to issue further directions on two public interest litigations (PILs) that sought mandatory foreign government certification for visa consultants.
Court acknowledges state efforts
The bench, while refusing to intervene, noted that both states have already taken "effective steps" by enacting comprehensive legislation to regulate travel agents and curb illegal activities. The court stated: "It transpires that the states of Punjab and Haryana have taken effective steps with the enactment of the Punjab Prevention of Human Smuggling Act 2012 and the Rules framed thereunder i.e. the Punjab Travel Professionals Regulation Rules, 2013, and the Haryana Registration and Regulation of Travel Agent Act, 2025, to curb the illegal activities of such unauthorised travel agents."
The bench added that these Acts appear to be comprehensive legislation for regulating "the profession of travel agents, coaching institute of IELTS, ticketing agents and general sales agents of airlines, providing for the procedure and other requirements" for obtaining a license from the competent authority.
No need for further court intervention
"We do not find any need to further proceed with these petitions, with the hope and expectation that the state authorities would earnestly and effectively implement the provisions of the Acts and Rules framed thereunder in true letter and spirit to achieve the goal as envisaged in the Acts to regulate the travel agents, coaching institute of IELTS, ticketing agents and general sales agents of airlines as per Rules, so that innocent people be prevented from being defrauded," the bench observed.
The petitioners had sought directions to make it mandatory for persons intending to provide visa counselling services in India to obtain a licence or certification from the foreign government concerned. They also sought publication of a list of authorised visa consultants "in order to protect the innocent persons from frauds being committed by unauthorised visa consultants."
PILs aimed at checking unauthorised agents
The bench noted that the PILs were essentially aimed at checking the activities of unauthorised travel agents and immigration consultants who, "through fraudulent practices and malpractices, cheat innocent persons and are also allegedly involved in illegal human smuggling."
In its response, the state of Punjab informed the court that it had enacted the Punjab Prevention of Human Smuggling Act, 2012 to regulate the profession of travel agents "with a view to check and curb their illegal and fraudulent activities, and malpractices of the persons involved in organized human smuggling and for the matter connected therewith." The state also pointed out that it had framed the Punjab Travel Professionals Regulation Rules, 2013 under the Act.
Licensing and enforcement details
Punjab further submitted that licences to travel agents are issued by the District Magistrates and Additional District Magistrates of respective districts, who have been designated as competent authorities under a notification dated September 3, 2013. The state also informed the court that a subsequent notification dated May 23, 2014, expanded the scope of the expression "travel agents" to include "travel agents, coaching institute of IELTS, ticketing agents and general sales agents of airlines."
The high court also took note of a separate affidavit filed by the Director General of Police, Punjab, stating that an Anti-Human Trafficking Unit had been constituted to curb such illegal activities. Referring to Haryana, the court noted that the state had enacted the Haryana Registration and Regulation of Travel Agent Act, 2025.
With these legislative measures in place, the bench concluded that no further directions were required from the court, expressing confidence that the state authorities would implement the laws effectively to prevent fraud and protect innocent individuals.
