It appears that deaths due to electrocution as well as bodily injuries due to electric shocks are ignored as mere accidents. Also it appears that safety measures, at all times, related to the installation of electricity infrastructure like installation of transmission lines, transformers are usually ignored, the High Court of J&K and Ladakh observed.
It said the colossal loss of human lives and especially children is totally unacceptable, grim and heart rending. Such unfortunate deaths continue to occur and the statutory regulations are being flouted with impunity which is the root cause of such deaths and accidents, the court further said
Article 21 of the constitution ensures fundamental rights to each citizen of the country which are inalienable in nature and guarantees citizens right to live and to be treated as an individual of worth.
As has been rightly underscored by the court, all stakeholders should affirm to a fact that payment of compensation cannot be a substitute for loss of life and limbs. Death caused due to failure to follow electricity safety measures by authorities infringes upon the indefeasible constitutional rights of citizens. In absence of safety measures, the court said, it can safely be presumed that authorities have the knowledge of danger which the live wires can cause and such negligence will be an act beyond mere mistake or excusable accident, which will fasten criminal negligence on concerned authorities.
The court has also ordered constitution of committee of three members headed by Commissioner Secretary PDD to monitor and ensure implementation of statutory safety measures and regulations as enshrined in Central Electricity Authority Regulations, 2010 in letter and spirit.
Previously also the court had asked the authorities to think out of the box to find solutions to the unforeseen situations, underlining that the authorities cannot afford to be “mechanical in an era that is witnessing a tremendous industrial and technological advancement”. There is need for advanced measures to prevent mishaps, the court had said, pointing out that “the hazardous activities should and must always be carried out by its managers at their own peril.”
The concerned authorities should ensure that minimum height, from the ground as per the voltage, is maintained as regards overhead lines—HTs or LTs. Transform areas should be fenced to prevent any person from going close to it and mend the lines on their own. The officials are duty bound to take extra care to prevent the mishaps.
