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A COMPARATIVE STUDY ON TOURISM LAWS IN INDIA AND SAUDI ARABIA.
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A COMPARATIVE STUDY ON TOURISM LAWS
IN INDIA AND SAUDI ARABIA.
AUTHORED BY - MS. KRUPA NAIK
Abstract.
The One land that
all men desire to see, and having seen once, by even a glimpse, would not give
that glimpse for all the shows of all the rest of the globe combined.
-By
Mark Twain.
The absence of clear legislative
provisions in India, coupled with the rapid growth in its tourism sector, has
resulted in an unorganized and chaotic state of affairs within the country. The
global tourism industry has evolved into a significant economic force,
contributing substantially to the development of numerous countries. Saudi
Arabia has recently amended it's tourism laws and has framed a comprehensive and
effective framework which not only include licensing but also includes provisions
relating to environment protection to develop sustainable tourism. India and
Saudi Arabia, with their rich cultural and historical heritage, have emerged as
prominent players in the international tourism arena. This research conducts an
in-depth comparative analysis of the tourism laws in India and Saudi Arabia,
examining legislative frameworks, regulatory bodies, and policies shaping their
respective tourism sectors. The objective is to identify commonalities and
disparities, shedding light on the legal intricacies influencing the growth and
sustainability of their tourism industries.
Keywords:
Tourism laws, India, Saudi Arabia, legal framework, regulations, policies,
sustainable tourism, cultural preservation, infrastructure development.
1. Introduction:
1.1 Background:
The global tourism industry has
witnessed unprecedented growth, transforming into a key driver of economic
development. Nations around the world, recognizing the multifaceted benefits of
a thriving tourism sector, have invested in crafting robust legal frameworks to
govern this domain. This paper focuses on India and Saudi Arabia, both
possessing unique cultural tapestries that make them attractive tourist
destinations. Understanding the legal structures underpinning their tourism
industries is crucial for comprehending the dynamics of their economic and
cultural interactions with the global community. Tourism laws need to regulated
as the stats show a very intriguing number of Foreign tourist arrivals during
2022 were 6.19 million (tourism, 2022 - 23) with a growth of 305.4% over same period
of the previous year. Indian National Departures during 2022 were 21.09 million
(Provisional) with a growth of 146.7 over same period of the previous year. [1]
1.2 Objectives:
This research seeks to:
a.
Scrutinize
the legal architecture of India's tourism industry, encompassing legislative
enactments, regulatory bodies, and policies.
b.
Examine
the evolving legal landscape of Saudi Arabia's tourism sector, considering
recent legislations, regulatory mechanisms, and policy initiatives.
c.
Draw
comprehensive comparisons between the two nations, emphasizing the legal
elements that distinguish or align their approaches to tourism.
d.
Evaluate
the repercussions of existing legal frameworks on the development and
sustainability of the tourism sectors in India and Saudi Arabia.
2. Legal Framework of Tourism in India:
2.1 Regulation/ policies/ legal framework:
India's tourism industry operates
within the contours of various regulations, with the National Tourism Policy been formulated in 2002 serving as a
cornerstone. This policy delineates the roles and responsibilities of
stakeholders, aiming to provide a comprehensive legal framework for the sector.
The new tourism policy 2015 has played a pivotal role in making India a global
tourist hub.
History of tourism regulations/
policies in India.
The initial 1982 Tourism Policy:
As you move through the five-year plans,
you'll notice that the Sixth Five-Year Plan (1980–1985) served as a pivotal
period in Indian tourism history. The "Tourism Policy" of the nation
was initially announced in 1982. It included a concept for the "Travel
Circuit" along with an action plan that outlined the development
objectives.
This national policy has rightly
described tourism as a "common endeavour," emphasising the value of
teamwork.
National Tourism
Policy, 2002 :
The National
Tourism Policy of 2002 serves as the primary regulation governing
India's tourism sector. It outlines the legal framework for tourism
development, addressing issues such as licensing, classification of tour
operators, and the promotion of sustainable tourism practices. The tag line of
National Tourism Policy is ‘ATITHI DEVO BHAV’.
The New Tourism Policy 2015 –
The Indian government is working to
establish India as a worldwide tourist hub, having recognised the country's
true tourism potential. This is reflected in the 2015 New tourist Policy. The
government's initiatives under The New Tourism Policy 2015 are listed below:
1.
The
"Incredible India" smartphone application has been released by the
Indian government. A visitor can use this app to acquire dependable,
high-quality services from service providers approved by the government.
2.
For
the Union Territories of Daman and Diu and Dadra and Nagar Haveli, the Ministry
of Tourism, Government of India, has introduced a new travel brand.
Additionally, Dadra and Nagar Haveli's Vision 2020 has been made available. This
has been started in an effort to support these communities' overall economic
development.
3.
The
state government of West Bengal plans to establish an eco-tourism board in an
effort to promote West Bengal as a top travel destination. The Jalpaiguri district
has already initiated a massive tourism operation. There are plans to create
such projects in Kunjanagar and Sylee.
India's commitment to sustainable
tourism is reflected in its policies, which aim to strike a balance between
economic development and environmental conservation. The National Tourism
Policy of India outlines the overarching principles and objectives of tourism
development in the country. It emphasizes sustainable and responsible tourism
practices, cultural preservation, and the creation of tourism-related
infrastructure. Recognizing the significance of India's rich cultural heritage,
the Heritage Tourism Policy focuses on the preservation and promotion of
heritage sites. This policy aims to leverage cultural assets to attract
tourists while ensuring their sustainable management.
2.2 Regulatory Bodies:
The effective implementation of
tourism laws in India falls under the purview of various regulatory bodies,
with the Ministry of Tourism playing a central role. Indian Government has
launched various schemes to develop tourism in the country. Schemes like ‘Swadesh
Darshan’ and ‘Prashad scheme’ not only boost tourism sector but also advance
infrastructural and policy development.
SWADESH DARSHAN Scheme –
In 2014-15, the Ministry of Tourism introduced
the 'Swadesh Darshan' flagship initiative, providing financial aid to State
Governments, UTs Administration, and Central Agencies for developing tourism
infrastructure at various destinations. This support was contingent on factors
such as fund availability, submission of suitable Detailed Project Reports,
adherence to scheme guidelines, and the proper utilization of previously
released funds. Between 2014-15 and 2018-19, a total of 76 projects were
sanctioned across 31 States/UTs, amounting to Rs. 5292.57 Crore.
Subsequently, the Ministry of Tourism
has revamped the Swadesh Darshan scheme, now referred to as SD2.0. The revised
objective is to foster the creation of sustainable and responsible destinations
through a tourist and destination-centric approach.[2]
PRASHAD Scheme –
In 2014-2015, the Government of India
initiated the ‘PRASAD’ scheme, operating under the Ministry of Tourism, where ‘PRASAD’
stands for 'Pilgrimage Rejuvenation and Spiritual Augmentation Drive.' This
program is designed to identify and develop pilgrimage sites throughout India,
enhancing the overall religious tourism experience. The goal is to integrate
these pilgrimage destinations in a prioritized, planned, and sustainable
manner, offering a comprehensive religious tourism experience. The substantial
growth of domestic tourism is closely linked to the success of pilgrimage
tourism.
To fully harness the potential of
pilgrimage tourism, comprehensive development of selected pilgrimage
destinations is imperative. This requires collaborative efforts from the
government and other stakeholders. The primary objective of the PRASAD scheme
is to pave the way for the advancement and promotion of religious tourism in
India.[3]
2.2.1 Ministry of Tourism:
The Ministry of Tourism is the nodal
agency responsible for the formulation and implementation of national policies
and programs for the development and promotion of tourism. It works in
collaboration with other government departments to ensure a holistic approach
to tourism development.
2.2.2 India Tourism Development
Corporation (ITDC)
Since its establishment in October
1966, ITDC has been at the forefront of the nation's tourist industry's
progressive development, promotion, and growth. In general, the Corporation's
primary goals are:
·
To build new hotels, take over and operate existing
ones, and promote hotels, beach resorts, and traveller’s lodges/restaurants; To
offer traditional services like transportation, entertainment, and shopping;
·
To create and disseminate promotional materials for
tourists;
·
To provide managerial and advisory services both
domestically and internationally;
·
To continue operating as limited money changers,
full-fledged money changers (FFMC), etc.;
·
To offer creative, dependable, and cost-effective
solutions, including project implementation and consulting, to the engineering
and tourism development sectors.
3. Legal Framework of Tourism in
Saudi Arabia:
Saudi Arabia's tourism laws have
undergone substantial evolution, particularly with the introduction of the
Saudi Tourism Strategy and the Tourism Investment Law. The tourism industry in
Saudi Arabia is poised for growth, driven by government efforts to attract both
domestic and foreign tourists. A new Tourism Law, effective from May of the
current year, replaces previous regulations and aims to regulate the entire
industry, fostering development and creating investment opportunities for
Saudis and foreigners. The law encompasses various sectors, including accommodation,
travel agents, tourist and guides.
Under the Tourism Law, all activities
within the tourism industry are regulated, and licenses are required for
business operations. Notably, the law opens up tourism activities to foreign
entities, a significant change from previous restrictions. The Saudi Commission
for Tourism and National Heritage will play a crucial role in monitoring and
enforcing compliance, with the power to penalize offenders and set standards.
The law emphasizes transparency,
consumer protection, and Saudization requirements for employees. It introduces
tourist visas for non-GCC tourists, reflecting a shift in Saudi Arabia's visa
policy. Furthermore, the law focuses on the development of tourist
destinations, both within cities and natural sites, with an emphasis on
coordination between different authorities.
Saudi Arabia is actively seeking
foreign investment in the tourism sector, aligning with its strategy to
increase competition and support sustainable development. The sector is
considered a significant job creator, with an emphasis on providing employment
opportunities for Saudi nationals. Foreign investors must present a viable
Saudization Plan to be considered for opportunities in the Kingdom's tourism
market. Overall, the Tourism Law signifies the government's commitment to the
industry's development, with the aim of making tourism a key contributor to the
Saudi economy.
3.1.1 Saudi Tourism Strategy:
The Saudi Tourism Strategy, launched
as part of Vision 2030, outlines the roadmap for developing the tourism sector.
It addresses key areas such as tourism infrastructure, cultural preservation,
and the facilitation of foreign investment.
3.2 Regulatory Bodies:
Regulating the tourism sector in
Saudi Arabia falls under the purview of the Saudi Commission for Tourism and
National Heritage (SCTH), Tourism Development Council.
3.2.1 Saudi Commission for Tourism
and National Heritage (SCTH):
SCTH is the primary regulatory body
overseeing the tourism sector in Saudi Arabia. It plays a crucial role in
formulating policies, issuing licenses, and ensuring compliance with national
regulations.
The Saudi Commission for Tourism and
National Heritage (SCTH) evolved to become the first government agency
overseeing the Kingdom's tourism sector. Established in 2000, initially
focusing on tourism, it later integrated the National Heritage and Museums
sector in 2008. The SCTH aims to organize, develop, and promote the tourism
sector, emphasizing the preservation and promotion of the National Heritage's
cultural and economic contributions.
SCTH's goals include overcoming
obstacles to tourism development, leveraging the Kingdom's vast tourism
potential, and aligning the sector with Saudi Arabia's cultural and
international significance. The vision emphasizes ethical, social, and civilizational
dimensions, followed by economic aspects, regional and international roles, and
interaction with other communities. The Saudi society actively participates in
formulating this vision, which prioritizes sustainability, economic viability,
and consideration of social, cultural, environmental realities, Islamic values,
and traditional hospitality.
3.2.2 Tourism intelligence centre.
The Government’s Tourism intelligence
centre provides services like issuing periodical indicators and providing interactive
visualizations of tourism data and statistics.
3.2.2 Saudi Tourism Authorities:
Saudi Arabia, with its diverse
regions, has established regional tourism authorities to facilitate localized
tourism development. These authorities work in coordination with SCTH to
implement national policies at the regional level.
The functions of Saudi Tourism
Authorities are:
·
Emphasizing
the Kingdom's appeal as both a global and local tourist hotspot
·
Creating
tourism packages and offerings
·
Engaging
in local and international tourism exhibitions.
·
Vigilantly
identifying new tourist experiences and recommending enhancements
·
Overseeing
marketing and promotional initiatives for tourist destinations within the
Kingdom.[4]
3.2.3 Tourism Development Fund:
The functions of Tourism Development
Fund are:
·
Backing
investment and fostering the growth of tourist destinations in designated
areas.
·
Funding
institutions engaged in the tourism industry.
·
Advancing
cutting-edge technologies and infrastructure to cater to diverse tourism
activities.
·
Formalizing
contracts and partnerships with funding entities.[5]
·
Providing
financial support to academic training centers, universities, and institutes
specializing in tourism.
·
Extending
loans and initiating programs relevant to the sector.
3.2.4.
Tourism Development Council.
The functions of Tourism
Development Council :
·
Assisting investment and fostering the growth of
tourist destinations in specified areas.
·
Providing financial support to entities involved in
the tourism sector.
·
Advancing state-of-the-art technologies and
infrastructure to accommodate diverse tourism activities.
·
Finalizing contracts and agreements with financial
institutions.
·
Funding academic training centers, universities, and
institutes specialized in tourism.
·
Extending loans and initiating programs relevant to
the industry.[6]
3.3 Policies:
Saudi Arabia's Vision 2030
encompasses ambitious goals for the tourism sector, emphasizing cultural
heritage preservation, infrastructure development, and efforts to attract
international tourists.
3.3.1 Vision 2030:
Vision 2030 is Saudi Arabia's
long-term development plan, and the tourism sector is a crucial component of
this vision. The plan envisions the transformation of Saudi Arabia into a
global tourism destination, with a focus on cultural experiences, historical
sites, and modern attractions.
Tourism Ecosystem Objectives –
·
Playing a role in diversifying the national economy
·
Generating suitable employment opportunities for
citizens
·
Drawing in investments
·
Augmenting sources of income
3.3.2 Cultural Heritage Preservation:
Recognizing the significance of its
cultural heritage, Saudi Arabia has implemented policies to preserve and
showcase historical sites. This includes initiatives to restore and maintain archaeological
and cultural landmarks.
3.3.3 Infrastructure Development:
Infrastructure development is a key
focus of Saudi Arabia's tourism policies. The nation is investing in the
construction of hotels, transportation networks, and recreational facilities to
enhance the overall tourism experience.
4. Comparative Analysis:
4.1 Similarities:
A comparative exploration reveals
commonalities in the priorities of India and Saudi Arabia concerning tourism.
Both nations emphasize sustainable tourism, cultural preservation, and
infrastructure development to enhance the overall tourism experience.
4.1.1 Sustainable Tourism Practices:
India and Saudi Arabia share a
commitment to sustainable tourism practices, recognizing the importance of
balancing economic development with environmental conservation. Both nations
have integrated sustainability principles into their legal frameworks and
policies.
4.1.2 Cultural Preservation:
Preserving cultural heritage is a
common goal for India and Saudi Arabia. Both nations recognize the significance
of their historical and cultural assets and have implemented policies to
protect and showcase these treasures to the world.
4.1.3 Infrastructure Development:
The importance of infrastructure
development is acknowledged by both countries. Investments in transportation,
accommodation, and recreational facilities are seen as essential components of
tourism growth, ensuring a positive experience for visitors.
4.2 Differences:
While India and Saudi Arabia share
common ground in certain aspects, there are notable differences in their legal
frameworks and approaches to tourism development.
4.2.1 Legal Framework:
India does not possess an established
legal framework for tourism, with lack of comprehensive legislation. Being a
country with diverse cultural heritahe it is evolved as an hub for tourism, yet
till date India lacks Tourism legislation/ enactment. Saudi Arabia has
undergone recent legal reforms, indicating a shift toward opening up its
tourism sector to the world. Also Saudi Arabia has developed efficient wings
relating to tourism sector like Saudi Commission for Tourism and National
Heritage, Tourism intelligence centre, Tourism Development council, Saudi Red
sea authority etc. apart from its well established Tourism Laws.
4.2.2 Vision and Strategy:
The long-term visions of India and
Saudi Arabia for their tourism sectors differ. While India's policies emphasize
the diversification of tourism products and sustainable practices, Saudi
Arabia's Vision 2030 seeks to position the nation as a global tourism hub,
integrating cultural experiences with modern attractions.
5. Impact on Tourism Development:
5.1 Challenges:
Both countries face challenges
associated with balancing cultural preservation against the demands of tourism
development, ensuring environmental sustainability, and addressing
infrastructure-related issues.
5.1.1 Cultural Sensitivity:
The challenge of maintaining cultural
sensitivity in the face of tourism development is pertinent to both India and
Saudi Arabia. Striking a balance between welcoming tourists and preserving
cultural authenticity remains a challenge.
5.1.2 Environmental Sustainability:
The environmental impact of tourism
is a shared challenge. Both nations must navigate the delicate balance between
promoting tourism and protecting their natural ecosystems, addressing issues
such as pollution, waste management, and habitat conservation.
5.1.3 Infrastructure Management:
The rapid growth of tourism poses
challenges in managing infrastructure. Both India and Saudi Arabia must grapple
with issues related to congestion, waste, and the sustainable development of
tourist facilities.
5.2 Opportunities:
Legal reforms in both India and Saudi
Arabia present opportunities for growth, foreign investments, and job creation.
The judicious utilization of these opportunities can propel the tourism sectors
of both nations to new heights.
5.2.1 Economic Growth:
A robust tourism sector can be a
significant driver of economic growth for both India and Saudi Arabia. By
attracting more tourists and encouraging spending within the local economies,
these nations can stimulate economic activities and create job opportunities.
Conclusion:
This comparative study, although
providing valuable insights into the tourism laws of India and Saudi Arabia, is
by no means exhaustive. The complexity of the tourism industry, coupled with
the dynamic nature of legal landscapes, necessitates continuous evaluation and
adaptation. As India and Saudi Arabia endeavour to carve a niche in the global
tourism landscape, ongoing legal reforms become imperative to address
challenges and harness opportunities. India needs to enact a concrete legal
framework relating to tourism laws. Apart from a legislation it is a need of
the hour for India to develop tourism development authorities or councils to
regulate tourism and keep timely checks on the subjects. The analysis
underscores the intricate relationship between legal frameworks and the
sustainable development of the tourism industry in diverse cultural contexts.
Article Information
A COMPARATIVE STUDY ON TOURISM LAWS IN INDIA AND SAUDI ARABIA.
Authors: MS. KRUPA NAIK
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/01/16
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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