Bombay High Court on Thursday(April 4th), reacts to boys’ drowning incident, questions BMC on the value of human life, initiates PIL for compensation in negligence cases.
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MUMBAI: The Bombay High Court on Thursday(April 4th), addressed an incident that has raised concerns over public safety and civic negligence in Mumbai. This pressing matter came to light following the tragic deaths of two young children, aged four and five, who drowned after falling into an uncovered water tank within a municipal garden.
The incident, which took place in the Maharshi Karve Garden in suburban Wadala, exposed a lapse in public safety measures, prompting the court to initiate a Suo motu public interest litigation (PIL).
The division bench, comprising Justices Gautam Patel and Kamal Khata, expressed its dismay and concern over the apparent disregard for human life, as highlighted by this tragedy.
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The court’s action emphasizes a critical question that resonates beyond the immediate incident:
“What is the price of a human life in this city?”
The court’s inquiry into the responsibilities of the Brihanmumbai Municipal Corporation (BMC) highlights the matter where budgetary constraints are cited as hurdles in ensuring basic safety measures. The bench pointedly criticized the BMC’s stance, questioning whether financial limitations justify a failure to provide essential safety precautions. This censure arises from reports suggesting the civic body’s challenges with financial constraints, which the court deems an insufficient reason for endangering public safety.
Furthermore, the court emphasized the necessity for a comprehensive evaluation of civic responsibility, negligence, and financial accountability. It’s worth noting that the bench mentioned the fact that there’s no system in place to compensate victims of municipal mistakes, unlike what exists for train accidents. This shows a big gap in how the municipal corporation deals with taking responsibility and helping those affected.
In its commitment to addressing these concerns, the High Court has appointed senior advocates Sharan Jagtiani and Mayur Khandeparkar to assist with the case.
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As the court issued notices to the BMC and initiated the PIL, it refrained from extending notices to other civic bodies at this stage. However, the implications of this case extend far beyond Mumbai, raising critical questions for every local body in Maharashtra tasked with the upkeep and safety of civic spaces.
The court also extended an invitation to Advocate General Birendra Saraf to contribute to the discussion, emphasizing the extensive legal and ethical ramifications of the incident.
