The Punjab and Haryana High Court has expressed the "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 assertion came as a division bench declined to issue further directions on two public interest litigations seeking mandatory foreign government certification for visa consultants.
Court Declines to Issue Additional Directions
The bench observed that both states had already taken "effective steps" by enacting comprehensive legislation to regulate travel agents and curb illegal activities, leaving no occasion for the court to issue the directions sought in the petitions. The court noted that the Punjab Prevention of Human Smuggling Act 2012 and the Punjab Travel Professionals Regulation Rules, 2013, along with the Haryana Registration and Regulation of Travel Agent Act, 2025, appear to be comprehensive legislation for regulating the profession of travel agents, coaching institutes for IELTS, ticketing agents, and general sales agents of airlines.
Existing Laws Deemed Sufficient
According to the bench, the Acts provide procedures and requirements for obtaining licenses from the competent authority. The court stated: "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."
Petitioners' Demands
The petitioners had sought directions to make it mandatory for persons providing visa counselling services in India to obtain a licence or certification from the foreign government concerned. They also requested the publication of a list of authorised visa consultants to protect innocent persons from fraud by unauthorised consultants. The bench observed that the PILs were aimed at checking the activities of unauthorised travel agents and immigration consultants who, through fraudulent practices, cheat innocent persons and are allegedly involved in illegal human smuggling.
Punjab's Response
The state of Punjab informed the court that it had enacted the Punjab Prevention of Human Smuggling Act, 2012 to regulate travel agents and curb illegal activities. The state also framed the Punjab Travel Professionals Regulation Rules, 2013. Licences to travel agents are issued by District Magistrates and Additional District Magistrates, designated as competent authorities under a notification dated September 3, 2013. A subsequent notification dated May 23, 2014, expanded the definition of "travel agents" to include coaching institutes for IELTS, ticketing agents, and general sales agents of airlines. The court also noted a separate affidavit by the DGP, Punjab, stating that an Anti-Human Trafficking Unit had been constituted to curb illegal activities.
Haryana's Legislation
Referring to Haryana, the court noted that the state had enacted the Haryana Registration and Regulation of Travel Agent Act, 2025. The bench concluded that both states have taken effective steps, and no further directions are required.
