Bombay High Court Takes Action After Tragic Drowning Incident in Mumbai
Mumbai, 6th April 2024: In response to recent news reports detailing the tragic incident of two young boys drowning in an open water tank at Maharshi Karve Garden in Central Mumbai’s Wadala, the Bombay High Court has taken significant action. Acknowledging the severity of the situation, the bench has raised pertinent questions regarding the value placed on human life within the city, particularly concerning the responsibilities of the Brihanmumbai Municipal Corporation (BMC) in cases of negligence leading to fatalities.
Expressing disbelief at the notion that a Municipal Corporation could evade responsibility for accidents or deaths resulting from its negligence, the court initiated a suo motu Public Interest Litigation (PIL) on the issue of compensation. The bench emphasized the need for accountability and the importance of ensuring that minimal safety measures are upheld during civic work.
Highlighting the specific incident involving the tragic loss of two young lives due to the lack of proper safeguards in a civic garden, the court underscored the gravity of the situation. It pointed out that while other entities like the Railways and the transport division of Brihanmumbai Electric Supply & Transport (BEST) undertaking have established frameworks for compensation in cases of accidents or deaths, it was unacceptable for the BMC to lack such mechanisms.
By initiating the suo motu PIL and issuing notice to the BMC, the court has taken a proactive stance towards addressing the broader issues at hand. While the immediate focus remains on the BMC, the court acknowledged that the questions raised extend beyond Mumbai and pertain to every local body entrusted with civic works throughout Maharashtra.
Furthermore, the bench emphasized the need for comprehensive legal consideration, thus issuing notice to Advocate General Birendra Saraf representing the state for assistance in addressing the complex legal questions arising from the case. This proactive approach ensures that the matter will be examined thoroughly and that necessary steps can be taken to prevent similar tragedies in the future.
