Context :
Why no murder charge on civic body chief in Rajkot gaming zone fire case: HC .. TOI …07 June 2024
Extract :
Gujarat HC questions Rajkot authorities' inaction before TRP Game Zone fire. Should civic commissioner be suspended for negligence in allowing illegal operation? PIL on 27 deaths in fire heard by Justice Biren Vaishnav and Justice Devan Desai.
Gujarat HC on Thursday took serious recognition of the inertia of the Rajkot municipal authorities before the gruesome fire incident at TRP Game Zone, which killed 27 people, asking :
Ø why murder charges ought not to be invoked against the civic commissioner and
Ø why he hasn't been suspended for letting TRB Game Zone operate illegally, particularly when a similar fire had broken out there last year too.
While hearing a suo motu PIL on the 27 deaths in the fire, the bench of Justice Biren Vaishnav and Justice Devan Desai was apprised of replies filed by the Rajkot municipal commissioners, chief fire officer and home department.
The judge added that the authorities stayed inactive after issuing a demolition order in Nov 2023.
My Take :
Dear Justice Biren Vaishnav and Justice Devan Desai :
The reason why murder charges have not been invoked is rather simple
That reason is :
Despite my following 5 YEAR old e-mail to Shri Modiji and his Cabinet Colleagues, the government has failed to enact the SERVICES LIABILITY ACT :
Ø Needed : a Service Liability Act .. ……………..12 June 2019
Extract :
Many countries have Product Liability Acts under which , product manufacturers are held responsible / accountable for any hurt / damage caused to the users of their products ( even years later )
Especially in USA , this Act is very stringent and the liability extends even to the suppliers who might have supplied a defective component / sub-assembly which went into the final product
I am not aware of any such Act in India ; nor have heard of any instance where ( say , for example ) a car manufacturer is dragged to court for a defective brake which caused deaths due to failure to perform
But what we , in India , need rather badly right now , is a Service Liability Act
There are only a few “ products “ that Indian Government manufactures and sells to its citizens ( through PSUs ) but throughout the day, government servants / employees , deliver a host of SERVICES to the citizens – services that they are required to deliver legally / constitutionally or in an implied manner
For a timely delivery of such services , some states have introduced “ Delivery of Services Act “
They might have even prescribed some “ penalty / punishment “ for “ late or no “ delivery
But such instances are rare . Following is an example :
For not curbing pollution, Delhi civic chiefs may face prosecution.
But for the strict direction of the Supreme Court , nothing would have happened and the persons responsible would have continued to ignore the sufferings of millions Delhi-ites !
Just to emphasize my point , do you think any government servant would go to jail for the following ? :
Mumbai: One dead as SRA high-rise building in Mahalaxmi catches fire
Mithi neglected, 2005-like floods ‘inevitable’, state report tells SC
Fire safety norms in Mumbai: In 3 years, only 36 housing societies prosecuted for non-compliance
QMumbai: City’s Air as Bad as Delhi’s; Fire in Aarey
Nearly 56% of bulk waste generators flout BMC rule
Air pollution: NGT slaps Rs 25 crore fine on Delhi govt
No closure for victims of Bhopal gas tragedy
Allocate as many courts as needed, speed up netas’ criminal trials ; SC
Potholes killed 3,597 across India in 2017, terror 803
Not a single day passes without newspapers reporting dozens of such cases of ( what I like to call ) :
CRIMES OF OMISSIONS [ as against “ Crimes of Commissions “ ]
Following owe their existence to such “ Crimes of Omissions “ :
Millions of Indians die PREMATURE DEATH every year , due to :
> Water and Air Pollution
> Dowry ( Bride burning )
> Child Labour
> Occupational Hazards ( Chemical / Coal / Cement industries )
> Miscarriage / Abortions / Pregnancy deaths
> Smoking / Tobacco chewing
> Junk Food / Adulterated Food
> Daru ( liquor ) laced with ethyl alcohol
> Fake Medicines............................etc
And who are responsible for keeping 28.7 Crores of Indians illiterate ( 37 % of World's illiterate ) , 66 years after independence ?
Is that because ,
> " CRIMES OF OMISSIONS " are taken for granted ?
> Deaths due to such Acts are treated as " NATURAL " ( not preventable ) ?
> Politicians don't think talking about these , will get votes ?
> Media could not care less ! TRP is all that matters for getting Ad revenue
> Cursing others is easier than persevering for the possible ?
==================================
To hold every Public Servant “ accountable “ for causing hurt / damage to any
citizen , what we urgently need is a “ Service Liability Act ( Govt
Employees ) 2019 “ , which clearly spells out :
# Extent of hurt / damage
Minor injuries / Temporary-permanent Disabilities / Deaths
# Coverage
Individual Citizen / Community / Entire Country
# Time Frame
Short term / Medium Term / Long Term
# Economic Impact on the Sufferers
Mild ( loss of money ) / Medium ( loss of assets ) / Severe ( loss of earning capacity )
# Cause
· Negligence ( abdication of responsibility ) / Indecisions on part of a Public Servant
· # Poor but honest decisions
· Mala-fide decisions ( with pecuniary gains for decision taker )
Here is my Conceptual Frame Work for an Online Rating Form :
=========================================================
SLAM : Service Liability Assessment Matrix
( an online form / Mobile App , for rating by citizens )
=========================================================
Dear Citizen :
Following news just got reported in Media . Please rate it by appropriate selection :
Metal staircase with live wires electrocuted 2 boys
=========================================================
Assessment Parameter | Weightage | Most (5) | Certain (4) | Possible(3 ) | Negligible(2) | Least ( 1 ) |
Extent of Hurt | 20 % | |||||
Coverage | 30 % | |||||
Time Frame | 10 % | |||||
Economic Impact | 30 % | |||||
Perception ( Most likely reason for mishap ) | 10 % |
TOTAL :
{ Call it “ AQ = Anger Quotient “ or “ WS = Wrath Score “ }
=========================================================
Let the Service Liability Act ( Proposed ) , prescribe various levels of punishments ( for Govt Employee/s , determined responsible for the root-cause of this mishap )
A certain time period may be prescribed for the citizens to fill up the form for each mishap
If , my proposal sounds too REVOLUTIONARY / RADICAL ( even for our bold and decisive, PM ), then , to begin with, some NGO ( eg : ADR ? ) may consider implementing this on its own , to create awareness and to educate the public in airing their opinion / feedback , on what lapses they see around them , everyday
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