In a recent development, the Bombay High Court (HC) has cast a spotlight on the Brihanmumbai Municipal Corporation (BMC), questioning the value of human lives in the city of Mumbai.
The HC’s scrutiny comes in response to a tragic incident that occurred on April 1, wherein two young children aged 4 and 5 were found drowned in an open water tank at Maharshi Karve Garden in Wadala, Central Mumbai. The court’s intervention was prompted by news reports indicating negligence on the part of civic authorities and the subsequent initiation of police action against errant BMC officers. The HC, perturbed by the incident, initiated a suo motu Public Interest Litigation (PIL) to address the issue of compensation in cases of deaths resulting from negligence by civic bodies. Expressing grave concern, the bench raised fundamental questions regarding civic responsibility, negligence, and financial accountability, not only for individual BMC officers but also for the Corporation as a whole. A division bench of Justices Gautam S Patel and Kamal R Khata noted, “It seems to us inconceivable that a Municipal Corporation could have no responsibility or liability at all if it is demonstrated that an accident or a death has been caused due to negligence on the part of the Corporation concerned.”
Highlighting the pressing need for accountability, the HC questioned whether budgetary constraints could serve as an excuse for failing to implement minimal safety precautions during civic works. Moreover, the court underscored the absence of a compensation mechanism within the BMC, contrasting it with established policies in other public entities like the Railways and Brihanmumbai Electric Supply & Transport (BEST) undertaking. The HC emphasised the broader implications of the case, extending beyond Mumbai to every local body in Maharashtra entrusted with civic works and maintenance. While acknowledging existing frameworks for compensation in other sectors, the court deemed it inconceivable that the BMC lacked a similar mechanism to address cases of negligence resulting in loss of human lives. The HC’s proactive stance reflects a crucial step towards ensuring accountability and transparency in civic governance, signalling a demand for robust mechanisms to safeguard human lives and uphold civic responsibility in Mumbai and beyond.
