Manhole deaths: Onus lies on civic bodies
from Bombay Hospital, who fell into an open manhole while wading through knee-deep water during the torrential rain in Mumbai , is yet another reminder of the gross negligence of civic authorities.
Ironically, the local bodies are only too well aware of the consequences of their dereliction of duty. Yet, they fail to take certain simple measures such as closing manholes and other death traps or barricading them. Why? The answer lies in their lack of accountability, absence of safety consciousness and sheer insensitivity to human tragedy. Last year, when the Delhi High court was hearing compensation petitions filed by five families that had lost their dear ones to an open manhole and an unprotected canal (Gandha nallah) , the authorities were squabbling over who was responsible. While the Public Works Department said the fault lay with the Delhi Jal Board, the latter said the former should have informed it about the open manhole on its site. The Delhi High Court said in disgust: “… a statutory body does not have to be informed of its duty; it was an obligation on the part of the statutory body to perform its duties…” (Urmila Devi Vs MCD , decided in November 2016))
As in many such cases, in this case too, the court held the civic authorities guilty of negligence and awarded compensation to the families but that is not enough. Like the Supreme court said in Lucknow Development Authority Vs MK Gupta, in 1993, the compensation paid to the victims in cases like these, should be recovered from those who are actually responsible for the tragedy, on account of their failure to perform their statutory function. This should become the norm in every such case.
In addition, those responsible for failing to cover and barricade manholes and pits, should be held criminally liable under the Indian Penal code for causing death by negligence .(Also , the punishment provided under Section 304 A –causing death by negligence- must be enhanced from the present two years) In the absence of such accountability, we will not see an end to avoidable tragedies caused by the negligence of the civic authorities. In fact it’s time municipal laws had an in-built clause to hold those guilty of gross negligence and dereliction of duty, criminally accountable.
Every civic authority should invite complaints of open trenches, manholes and loose electrical wires from the citizens through WhatsApp messages. They should constitute citizens committees to report on any open manhole, trench or pit that posed a threat to the safety of the citizens. There should be a clear time frame within which such complaints should be attended to, and the information provided on the website . Those who fail to comply should invite severe penalty, including demotion. Without such stringent measures, the lives of citizens will continue to be at risk.