Bombay High Court on Monday(8th April), urged BMC to provide financial relief to the family of two children who tragically drowned in a negligently secured water tank in a Mumbai public garden.
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MUMBAI: The Bombay High Court on Monday(8th April), called upon the Brihanmumbai Municipal Corporation (BMC) to extend interim financial relief to the bereaved family of two young children, whose lives were tragically cut short following an accidental drowning in a negligently secured water tank within a Mumbai public garden.
The judicial bench, comprising Justices GS Patel and Kamal Khata, emphasized the irreplaceable loss endured by the family.
“It’s a dreadful situation. We need to find a way to communicate this to the father. The tragedy that has befallen this couple is beyond comprehension. We’re not implying that providing financial compensation can make up for their loss. We simply want them to receive what they are entitled to under the law.”
– the Court articulated.
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This statement came during the adjudication of a self-initiated public interest litigation (PIL), rooted in the alarming revelations of three newspaper reports that cast a spotlight on the civic body’s lapses leading to the fatal incident.
The hearing prompted the justices to probe the State government regarding the existence of any predefined compensatory mechanisms for fatalities attributable to municipal negligence. The court expressed concern over the absence of a structured compensation scheme, which it argued, left liability questions open-ended and emphasized the need for a concrete basis for addressing compensation in such unfortunate scenarios.
“’If you (government) don’t have a structure, liability is open-ended…There has to be some basis on which the compensation part can be reasonably addressed. There is also a question of responsibility of corporation and individual officers,’
– the Bench orally remarked.
Though the Court refrained from issuing a direct compensation mandate, it scheduled further deliberations for April 23.
On April 1, where two minors were discovered deceased in a hazardously unsecured water tank, a detail that was extensively reported across three newspaper articles, one notably headlined “Life comes cheap for India’s richest corporation.” This unfortunate event prompted the Court to question the municipal corporation’s accountability and the intrinsic value of human life under its jurisdiction.
In its preliminary judgment, the Court critically evaluated the BMC’s duty of care, asserting the implausibility of absolving the municipal corporation from liability for accidents or fatalities resulting from its negligence.
The justices elaborated-
“These three news reports prompt a critical public law inquiry. What is the worth of a human life in this urban landscape? Can the BMC’s alleged ‘budgetary constraints’ excuse the absence of basic safety precautions in civic endeavors? This gives rise to questions regarding civic obligations, negligence, and financial liability, encompassing not only individual BMC officials but also the Corporation as an entity.”
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