The Bombay High Court (HC) recently raised an important question: "How much does a human life cost in this city?" This query was in response to the tragic drowning of two young brothers in an open municipal water tank in Wadala on March 18. The court took suo motu (by itself) cognizance of the incident based on media reports.
The court has sought assistance from the State Advocate General and the Brihanmumbai Municipal Corporation (BMC) to answer this question. Prominent advocates Sharan Jagtiani and Mayur Khandeparkar have also been appointed as amicus curiae to assist with the case.
On March 17, the two brothers, aged four and five, had gone to play at the Maharshi Karve Garden in Wadala and did not return home by evening. Then, their father reported their disappearance to the police. The following morning, the family looked in the water tank in the garden. The paper cover of the tank was damaged. Inside the tank, they found the two boys dead. The police have since been investigating the officers of the municipal corporation.
The BMC reportedly cited "budgetary constraints" and a lack of funds as reasons for not providing adequate safety measures. Reports suggest that the civic authority shifted the responsibility to the garden's designated caretaker. This has raised questions about whether the BMC's "budgetary constraints" are a valid excuse for not providing basic safety measures.
The court has expressed concerns about financial accountability, negligence, and civic duty. These concerns are not just for individual officers of the BMC but also for the corporation as a whole. The court believes that every municipal entity in the state that is responsible for carrying out and maintaining civic works within its jurisdiction will be impacted by this.
The judges pointed out that compensation structures for accidental damage or death exist for railways and the BEST Undertaking's transport division. They find it inconceivable that a municipal corporation could have no liability or responsibility if an accident or death is caused because of its negligence.
In the aftermath, the Matunga police detained the park administrator. The park's maintenance and security were the responsibility of Hiravati Enterprises, a private company contracted by the municipal corporation. Patiram Vikram Yadav had been appointed as the park supervisor by the corporation. The garden contractor in Wadala's Maharshi Karve garden has also been charged with causing death by negligence.
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