In the recent past, there were deaths of several linemen, daily-wagers or permanent with concerned department, in Jammu and Kashmir. While these deaths are tragic, they are preventable at the same time.
As was rightly observed by the J&K and Ladakh high court recently, 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 top court, common to J&K and Ladakh, 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 the right to live and to be treated as an individual of worth.
All stakeholders should affirm to a fact that payment of compensation cannot be a substitute for loss of life and limbs, the court rightly underscored.
Loss of life 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 the constitution of a 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 as the court correctly said, underlining that “hazardous activities should and must always be carried out by its managers at their own peril.”
