JAMMU, Mar 25: A bench of Justice Wasim Sadiq Nargal while dealing with petition titled “Arjun Kumar Sharma Versus State of J&K and Others” seeking compensation for the unfortunate death of petitioner’s three minor children who allegedly drowned in the forebay tank of the Chenani Hydel Project situated in village Pakhlai in district Udhampur on June 9, 2008 has held the authorities squarely liable for the drowning of three minor children in Udhampur, declaring the incident a “clear failure of public duty” and a breach of the right to life under Article 21.
High Court also directed the Chief Secretary to formulate a comprehensive policy ensuring proper fencing, installation of warning signboards and adequate safeguards around all hazardous installations to prevent such tragedies in future.
While hearing Court observed, “it is settled law that where the negligence or inaction of State authorities results in the deprivation of life, the constitutional courts are not powerless to grant relief merely because a civil remedy may also be available”.
The High Court further said that when a dangerous structure is maintained in an area where the presence of children is reasonably foreseeable, a higher degree of care is expected from the authorities responsible for its maintenance. Any lapse in adopting adequate safeguards in such circumstances cannot be justified by attributing negligence to the children themselves.
Court added that the tragic death of the petitioner’s children is therefore not merely an unfortunate accident but a consequence of the failure of the authorities to discharge their duty of care & such negligence resulting in loss of life is established, the liability of the State to compensate the victim becomes inevitable.
Even though the children may not have begun earning, their lives possess immense value and their untimely death results in profound emotional and social loss to their parents. & directed authority's to pay compensation of Rs 2 lakh for each deceased child to the petitioner within a period of eight weeks
Instances of persons, including children, losing their lives after falling into uncovered manholes, open drains, unsecured water bodies, or suffering electrocution due to exposed and poorly maintained high-tension wires, are, unfortunately common”, Justice Nargal observed.
He added that these recurring tragedies point towards systemic deficiencies and maintenance of public infrastructure and a failure to adopt timely preventive measures. Such an approach, where corrective steps are undertaken only after the occurrence of damage, is wholly inconsistent with the constitutional mandate and the obligations cast upon the State under the Directive Principles of State Policy to ensure the welfare, safety and well-being of its citizens.
High Court directed the Chief Secretary to take cognizance of the issue and formulate a comprehensive policy ensuring proper fencing, installation of warning signboards and adoption of adequate safety measures around reservoirs, water bodies and other hazardous installations as such measures are imperative to safeguard human life and to ensure that tragedies of the present nature are not repeated in future.
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