Just what liability do official agencies have towards the protection of life and limb of citizens in a public place?
In November last year, when the annual rain spells had once again turned the fair weather city of Chennai into a patchwork of broken and dirty localities, a 24-year-old woman named M. Sarala on her way home fell into an open, water-filled pit in a bustling part of T. Nagar and died traumatically. Like a macabre horror film, no one seemed to notice a grown person falling into a pit meant for a drain, until the victim's mother found her body at the same spot the next day.
What happened to the young school teacher could have happened to any of the thousands of shoppers who usually throng North Usman Road. Yet, even a death of this kind does not shake the prosperous gold and textile district of Chennai.
The incident raises the question of public liability. Just what liability do official agencies have towards the protection of life and limb of citizens in a public place? In the case of the incomplete storm water drain being constructed by the Corporation of Chennai, in which Sarala died, there are two key issues: who was responsible for the avoidable death, and what was the Corporation of Chennai's approach to payment of compensation to the family?
The Corporation said in reply to an RTI petition, that police have registered a case against the contractor. Asked about the cause of Sarala's death, the CoC chose to quote Pondy Bazaar R1 police statements to newspapers immediately after the incident, which said, “alleged death of victim due to fall into the pit.”
The civic body did not mention any proceedings initiated in court, for payment of compensation. It said in reply to a question on what compensation, in cash or other form was paid to the family, “Honourable Chief Minister has declared compensation amount of Rs. 2 lakh to the family of victim from the Chief Minister's public relief fund and has been disposed accordingly.” Is there no concept of torts applicable in such a glaring case of death due to negligence and inaction?
Going further, does the CoC learn from its terrible mistakes? What action has it taken to ensure that such homicide-by-neglect does not recur? The civic body says: “(On) all the roads where storm water drain work is being taken up, proper barricading arrangements with caution board and sign board is being placed while carrying out the work.” But just last month, this writer found a long open drain under construction, several feet deep, with scores of protruding metal rods along the perimeter of Kannammapet burial ground, again in T. Nagar. There are many such sites waiting to snare more Saralas. If the CoC were to ask citizens to file complaints, as it should, it would receive scores, if not hundreds.
What comes out clearly in all this is the attitude of the CoC, the Chennai City Traffic Police, the Highways Department, the CMDA, the Regional Transport Authorities and other agencies responsible for public safety. It is uniform, given the state of city infrastructure and enforcement. Courts view it as culpable inaction. This persists in spite of death and disability caused by preventable accidents. Unfortunately, most of these cases involving the weak and the less affluent go without vigorous legal pursuit that should result in extraordinary compensation for victims and families, to be extracted from the purses of wilfully indifferent, sometimes corrupt officials.
Chennaiites should compel the government of the day and civic agencies to accept responsibility for the fundamental right to life and free movement in public places, rather than be dazzled by announcements of fancy and expensive beautification schemes for roads and footpaths. The city must set right walking spaces, and enable all citizens — old, young, and the infirm — to use roads, buses, trains, parks and so on safely. It doesn't take much money, but it needs a lot of political will and enforced accountability.
Keywords: public safety, Corporation of Chennai, Chennai public places, city infrastructure, Chennai roads and footpaths
Beautifully written article, which articulates active citizenship. Unfortunate that bureaucracy and corruption render genuine sensitivity helpless.
I don't think that these problems will be solved unless otherwise the respective officials do their job properly with some responsibility. I wonder how they will react if Sarala was one of their family members. All of them thinks that announcing compensation is the solution and if this kind of happenings occur again no problem government will be there to announce some compensation again. This is how we live in India and solve problems without even knowing how it happened and what are the reasons, how it can be avoided in the future. Simply politics and money does everything here
I wish "The Hindu" will publish these kinds articles as Head Line news. Will that awaken the sleeping public? Doubtful!
Why talk about USA when we are here in India? There are so many social clubs and
organisations which together could have helped family of the victim to file against
COC and also Government. The contractor should have been declared bankrupt
and the Government asked to pay up in crores with a stipulation that every
repeated accident will increase the fine manifold. There are so many lawyers who
should have put PIL. In front of my house we had an open trench for so many
months but we never allowed the fellows to leave it open like shown the photo. But
in the name of Jawaharlal Nehru Program they took their own sweet time.
Kickbacks are small in such Central Government aided programs and therefore
COC does not even bother. It is a sorry state of affairs. Suppose it had happened to
a Councillor or an MLA or an MP things would have obviously been different. In
fact it should happen that way for our politicians to get some much needed sense
in to their thick heads.
The solution is simple, just adopt /copy the law which is being followed in the USA, for any negligence of civic authorities. But will the politicians, who actually should be initiating this, allow this?
There is no impact on the goverment due to this kind of issue. We have to think individually and raise your voice everyone in this regard to remove this kind of issue.
I am reminded of one scene in Anniyan when due to callousness of officials, a young girl loses her life due to short circuit. In India life has no value.
Availability of road total surface is constant. Whereas addition of
motor vehicles on roads is increasing alarmingly. Because of this, in
due course no pedestrian can step on the road surface. But, foot-paths
are also encroached upon by many ways. This compels the pedestrians to
walk on the road endangering his/her life.
When India has population control programme, should it not control the
vehicle numbers scientifically to the viable one?
Its rather strange that the same qualified Indians working abroad adhere to the rules and regulations very strictly. Human safety is the 1st attribute on any work that is carried out and no compromise.
Hope the Govt will call back the many million Indians who are working abroad wanting to come back and contribute with their experise, knowledge etc
What can you expect in a nation that has no standards? I called a road laying contractor, and his senior engineer to ask them what the standard was for road humps. They didn't know what I was talking about! I explained to them, asking them what the design standard was for a road hump - elevation, stretch, radius of curvature, maximums permitted - anything at all that could mean "standards" to be followed. They had never even heard of such a thing, but they were very curious to know who I was. I told them I am an Indian citizen who had overestimated his nation.
No one has the guts to do anything people should start questioning the concerned authorities ,when people are naive , it is the worst situation, unless public join together and questioning such authorities and politcal people this will never come to an end , need to pull the media to publish these kind of issues and see to that atleast get to compensate to the particular family.if four people does this and give pressure to the concern department then only the authorities also will have the fear and responsibility for their work . Standards and policies are missing. When will these kind of artocities addressed to human rights commission?. Deep condolences to Ms.Sarala's family.
India does not have a good accountability system. My grandfather was one among the many who broke his leg and died years ago by falling into such a pit dug by the corporation people. There was no one to question the atrocities committed by the political people.Until the public wakes up and educated people come to power this will be the scenario in India. Very very pathetic
In India each and every person is a victim of the countries
development.The development takes place only if someone dies.I have
condolence for Ms Sarala.The particular issue would be solved now may be
in few days.I have many to quote in Kerala being born in kerala.The
kadalundi river Railway bridge which was on the dilapidated situation
killed hundreds.After a heavy toll it was Reconstructed.Yet to go..
The pedestrians are the one who suffers a lot due to the poor roads and walking paths. Among many road safety issues this is one big problem which has to taken into consideration by the authorities.
The RTI should have been filed to ask what safeguards that CoC enforces
the contractors to follow while the construction is in progress in a
public place. The issue we have is there are no rules or regulations for
public safety on roads (or) may be we have the rules but no one is aware
of them.
Hardly ever they erect any safety fences or any hazard lights at the site of danger where road construction and such activities take place! The only way to force the issue is for the pro-Bono lawyers to take the responsible people to court for huge compensation on behalf of the aggrieved ones. The insurance companies who insure people against injury and vehicle accidents can take the responsible people to court on behalf of their clients. Few huge payouts that hurts the pockets and the people with responsibilities will get the message!
Callousness and total apathy to public issues is our national character. From the builder of our apartments to the civil contractor building and maintaining our public infrastructure - nobody cares of the output except the amount of money in the deal. There are very many articles on such public woes across the media - isn't that enough for the government to sit up and take notice? What does the various departments of the CM's office do? We have so many dangersous places in and across the city, but who cares? How many times does one raise these issues to the government? Ranganathan Street is a disaster waiting to happen. Does the government care? No! With big brands greasing the hands of corporation officials, it will be only the lesser mortals of the city that will have to bear the brunt. Singara Chennai? My foot!
Self-Discipline from the people is really very important in additional to the Responsibility from the concerened departments.
They should avoid littering, jumping the traffic signal, jumping the queue, etc.,
I could see people at my office (IT Sector) throwing the used Tea cups in the steps, jumping the queue, sitting in the fire exit
Only when accountability is built in the system, which it is in the
West, will administration care about public safety. The other essential
requirement is the ability to get fair and quick legal redress should
the administration fail. This is non-existent in the Indian context.
Hence there is no surprise that we have a callous administration that
has no fear of judicial pull-up. The public has to grin and bear it,
and not infrequently faces tragic consequences.
It has become a precedent that accidents happen at times when
governmental projects are being done without giving any thrust for
ensuring safety to anyone, not only to public but even to people who
are manually deployed on the same. The Chennai City Mayor Dr. Saidai
Duraisamy, very much known for his philanthropic service may have to
formulate a mission with concerted action for all government
departments to follow unbendable precautions to avoid any sort of
potential threats on safety to stakeholders prior to implementing
infrastructure and developmental projects. The government can
incorporate fresh provisions for compliances in the legal track while
launching construction projects.
I would like to propose a caption for the doctrine to be followed to
launch the Safety Mission by the City Corporation; it is ‘Ensure
Safety, Protect Lives & Rejoice Service’.
I am also a resident of Thiruvanmiyur, Chennai 41. I agree hundred percent with the comments made by everyone in this column on 7th May on the pathetic conditions of roads in Chennai city. Because of the digging of roads all over for rain water drain, one fourth of the road becomes unusable for long time. Even after completing the construction, seldom it is properly laid. In the result, we are unable to have a morning walk on any road. Rain water drain is a complete waste of public money. During rainy season, does rain water enter these drains. No. Not at all because, the entire length and breadth of these drains are filled with garbage during the non-rainy days and, therefore, water refuses to go in side. In the process, it is only the contractros and the corrupt officials who thrive and become millionaires. In US there is no rain water drain in many cities. There is a small open canal like arrangement adjoining the side walk which takes the rain water to the final sourc
The author has raised a very very important issue. Unless the persons in the responsible departments are held accountable such callous works will continue swallowing public money and without public accountability. The forums active in such areas should take up such issues and i am sure all the citizens of Chennai will support. .As rightly said Chennai can wait for beautiful parks; what it needs basic amenities and safety to lives of the people.Will govt listen? such apathy is there in all cities and towns in the state. the dept of municipal administration is the least admired department because of the quality of their work. public tolerance is tested time and again by the agencies with immunity from powers. the locals are indifferent to all such matters. generally Chennaites are all selfish people.
It is a shame to the municipal authorities and the agencies who oversee
the construction in public places. This is evidence of absolute lack of
respect and value to peoples'lives and safety. In Gulf countries no
contractor even start digging the place without putting all the safety
barriers and such other protection. Here anything can happen.. because
most of the contractors are politicians and they do not care for the
life and safety of the people. Shame on us and our politicians...
The article brings up a very important question. Who is responsible? For open drains and manholes, the public may safely throw up their hands and say that the government agencies are responsible. There are other issues for which the public is responsible, posing grave danger to themselves and to others. For example: Going in opposite direction in a one way to avoid travelling a bit forward and making a U turn.
Casual approach to the safety by public bodies like Municipal
Corporations is universal through out the country. Deadly
man made hazards are so much prevalent that it no longer pricks the
public conscious any more. I have been a witness to extremely shoddy
rain shelter built by Bangalore Corporation collapsing without
warning with in few days after completion. The same park, in
Bangalore JP Nager 3rd phase, has number of rain water harvesting
deep pits semi finished right in the middle of children play area
perhaps awaiting for the tragedy of unwary toddler falling in to
it. This is in posh locality regularly used by well known
personalities. None of these shockers will change unless there is
strong enforceable liability laws in place and making the local
corporation employee personally responsible for the shoddy work.
Traffic hazards in this singara Chennai are in thousands. Citizens can get hurt seriously by the stumbling obstructions in platforms meant for pedestrians.even where there are some pathways for pedestrians these have granite blocks so uneven that elders stumble and fall.what standards do the corporation and highways impose on contractors i wonder.
it is a shame that Chennai corporation allows contractors to get away with shoddy jobs which are hazardoous to pedestrians. just as an example i want the commissioner of corporatuion to try to walk on the pedestrian pathway at kodambakkam high road near liberty theatre.it is a virtual obstacle race on the footpath. very high granite stones ,unevenly laid with at least ten gaps in between paths within 100 yards.take a walk mr. commissioner and then you will know the daily suffering of elders.school children and others.
do the corporation officials ever read commplaints made in newspapers like The Hindu?
-venkateswaran
As a society we care for nobody but ourselves. We believe that we are isolated from issues of public safety until it strikes us. By then it is too late. Every single agency responsible for public well-being is being run by the corrupt and the inept. Why do we put up with it? There must be no limits to compensation for victims of such callousness. Heads must roll immediately to send a strong signal that public safety is to be taken most seriously.
Since when have the roads in our city being safe in the first place? Bad roads, potholes, open drains, dangerous sidewalks have been existing in Chennai since time immemorial that all of us have got used to it as part of everyday life and cannot imagine passing a day without them so much so that if the authorities were to repair all of them and give us clean safe roads most of us wont know how to use them!
I was born and brought up in Mylapore and now reside in USA. Here in USA for any negligence of civic authorities, the victims are compensated huge sums thru court proceedings. Whereas in India everything is being taken very easy especially human lives. People have no guts to raise against civic authorities for all the atrocities being committed by civic or govt. officials. Till such time, nothing will change. I feel sorry for the naive public.
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