Hyderabad: The Telangana High Court has directed the GHMC to file a compliance report within two weeks regarding remedial steps taken to prevent untoward incidents due to the floods in the city.
The division bench, comprising Chief Justice Alok Aradhe and Justice Anil Kumar Jukanti, was dealing with a taken up PIL regarding two children who were drowned in nala pits and flood stream following incessant rains in the last week of April.
A nine-year-old girl, Mounika from Secunderabad's Kalasiguda fell into an open manhole and was washed away. Her body was recovered from a nala more than a kilometre away. In another tragic incident at Jubilee Hills, Master Vivek was swept away in the flood water due to the negligence of the staff of GHMC, who had not closed the manhole pit. Highlighting these tragic incidents, a citizen sent an email to the High Court. The email also cited the observations of the Supreme Court in ‘Parvez Khan v State of Haryana’ in 2006, about the death of a boy after he fell in unclosed borewell, that such incidents are a result of negligence on the part of the authorities responsible for ensuring safety measures, and the right to life of every person, including children. It is the responsibility of the state to ensure that such rights are upheld.
Th email also brought to the notice of the High Court that Section 304 of IPC provides for punishment for causing death by negligence, in case where a child falls into an uncovered bore well and loses their life, the Government also has a legal obligation to provide compensation under the guidelines laid down by NHRC in the case of ‘Nilabati Behera v State of Odisha.’
The Supreme Court held that compensation is a fundamental right of the victims of human rights violations and it is the state's duty to provide the same.
Considering all the facts, the Telangana High Court opined that such incidents serve as a grim reminder of the importance of taking all necessary precautions and safety measures and took the email as a taken-up PIL.
Enquiring about the steps taken by the GHMC for putting in place a robust drainage system and effective warning mechanisms to mitigate risks of floods and other natural disasters, the court directed the GHMC to submit the compliance report and about payment of compensation.
