“What is the price of a human life in this city?” asked the Bombay High Court on Thursday while taking suo motu (on its own) cognisance of media reports highlighting the drowning of two minor brothers in an open municipal water tank in Wadala on March 18.
The court has issued notices to the BMC and also a notice to the State Advocate General, seeking his assistance in addressing the questions that arise. The court has also appointed senior advocate Sharan Jagtiani and advocate Mayur Khandeparkar as amicus curiae (friend of court) to assist in the matter.
As reported by the FPJ, on March 17, two brothers, aged 4 and 5 years, went to play at the Maharshi Karve Garden at Wadala around 9.30am. When they did not return till late, their father lodged a kidnapping complaint with the police.
The family continued the search the next morning. They searched in the garden and found that there was a paper cover on the water tank which was torn. When they lifted it, they found that the two young boys had drowned in it. Police action is being taken against officers of the municipal corporation.
The court noted that the Wadala Citizens Forum had complained repeatedly to the civic body about the condition of the tank and that it posed a danger.
BMC's Budget Constraints And Accountability
The BMC reportedly said that there were “budgetary constraints” and there was not enough funding to provide a proper cover. The civic body is said to have simply shifted responsibility to the person appointed to maintain the garden.
“These three news reports raise a question of public law. What is the price of a human life in this city? Are the so-called “budgetary constraints” of the BMC an answer for a failure to provide minimal safety precautions during civic works?” a bench of Justices Gautam Patel and Kamal Khare noted in its order.
The court said that there will be issues regarding civic responsibility, questions of negligence and financial responsibility as well, “not just for the individual officers of the BMC but also for the corporation as a body”.
Judges Highlight Civic Responsibility And Liability Amid Tragedy
This would affect every local body in the state where any civic body is entrusted with the carrying out and maintenance of civic works in its jurisdiction.
The judges said that railways and even the BEST Undertaking, in its transport division, have a policy and framework in place for compensation for accidental injury or death.
“It seems to us inconceivable that a municipal corporation could have no responsibility or liability at all if it is demonstrated that an accident or a death has been caused due to its negligence,” the bench underlined.