In a climate crisis- and conflict-ridden world, everyday horrors like mass poisoning from contaminated water in Indore, the death of a techie due to civic negligence, and severe air pollution across India seem like tiny blips. Behind these and similar incidents is a casual disregard for human life by government agencies, corporates and citizens. The Legislature and Judiciary must consider a codified system of torts, allowing financial compensation for death or personal injury due to negligence, in order to inculcate accountability.
Unequal accountability
In cases where negligence by private entities leads to loss of life or serious harm, they are held accountable and may face jail terms or fines. But government bodies and officials who have oversight and have failed to ensure compliance by these private entities are not penalised. Even when citizens’ lives and well-being are directly impacted, officials will, at worst, be transferred or suspended.
The Noida tragedy
Take the case of Yuvraj Mehta, 27, who drowned in a flooded excavation pit at a construction site in the NCR’s Noida suburb on January 17. Driving in dense fog and forced to take a sharp turn, he went off the road and into the 20-foot-deep pit. There were no warning signs, reflectors or streetlights. Unable to swim, he stood on his slowly sinking car for 90 minutes and drowned as first responders looked on helplessly. The site had been red-flagged as hazardous by residents for two years, and a similar accident had occurred just 10 days earlier, but the Noida authority failed in its ‘duty of care’.
The developer is arguably guilty of negligence and was arrested. What about the culpability of the Noida authority, which was well aware of the hazard, given that media reports revealed the waterlogging issue had been repeatedly discussed from 2015 to 2023? A junior engineer has been sacked, multiple show-cause notices issued, and the boss of the Noida authority put on ‘compulsory wait’ while a Special Investigation Team (SIT) uncovers what led to the accident. The question that remains is, who will pay for Yuvraj’s death?
When outrage fades
As public outrage dies down, the accused obtains bail and the judicial process drags on, the issue of accountability will most likely be brushed under the carpet. For the builders, who have been booked under criminal provisions of the Bharatiya Nyaya Sanhita (BNS), a brief jail term and a fine seem the worst-case scenario. Meanwhile, the officials concerned will be rehabilitated. No one will pay the full price of Mehta’s death, except the bereaved family, who will be left with paltry civil damages on account of “wrongful death”.
Civic bodies beyond reproach
The responsibility of civic authorities to the public is rarely taken into account. At worst, the courts will impose a small fine on the erring agency and haul up minor functionaries. In 2024, when three students drowned in the basement of a Delhi coaching institute, the owners of the premises were arrested. But the fact that civic authorities had done nothing to prevent drains from overflowing, thereby leading to the flooding, went unremarked. It is as if government agencies can do no wrong and, if they do, a rap on the knuckles will suffice.
The Indore contamination case
The Indore water contamination case, in which 15 have died and over 200 are hospitalised, did not involve a private entity. The behaviour of the municipal body was unconscionable, because residents had complained repeatedly about contaminated water. It was only when people began dying that the civic body reacted by shutting down and cleaning the water supply system. The state chief secretary admitted to widespread contamination of potable water by faecal matter when the petition filed on behalf of the victims was taken up by the Madhya Pradesh High Court.
Invariably, the IAS officer in charge is transferred, while lesser mortals are suspended and those even lower down in the hierarchy are sacked. That is exactly what happened in Indore. Whether a case of criminal negligence under Section 304A will be registered against the civic officials responsible for the tragedy will be decided by the courts. For its part, the state government merely shunted out the municipal commissioner, suspended two of his subordinates and dismissed a sub-engineer. The irate counsel for the petitioners told the High Court that the municipal commissioner had, in fact, been rewarded by being transferred to the Madhya Pradesh State Tourism Development Corporation as its managing director. Clearly, the buck does not stop with the man in charge.
Token compensation
The Madhya Pradesh government considers it has discharged its duty to the victims by announcing a Rs 2 lakh payment to the bereaved families. The Congress has added another Rs 1 lakh but has demanded that the government shell out at least Rs 1 crore each. When making payouts to victims, governments deliberately set the benchmark very low so as to limit any enhancement by the courts.
Why tort law matters
It is left to the judiciary to decide the liability of the offending agency or individual, the extent of damage, and the quantum of restitution. Only if judges impose damages that hurt will the behaviour of erring agencies or individuals be modified. The ‘deep pockets’ theory of compensation holds that the larger the enterprise, the larger the compensation should be. A Rs 30 lakh fine on a municipal body is not a deterrent against misconduct by officials, but multiply that figure by a hundred and it would be.
The application of torts can also improve the public behaviour of individual citizens. Harassing a fellow citizen is a criminal offence, but victims should be entitled to receive monetary compensation. Likewise, applying toxic torts in cases where citizens suffer ill-health owing to environmental toxins can incentivise government and private agencies to tackle air, water and noise pollution.
Most citizens are unaware of tortious litigation and suffer in silence or take to the streets. It is time to come up with a viable system to right civil wrongs. Nothing will bring Yuvraj or the victims of Indore back to their families. But a salutary lesson to those responsible will be some consolation.
Bhavdeep Kang is a senior journalist with 35 years of experience working with major newspapers and magazines. She is now an independent writer and author.
