Jammu and Kashmir High Court Holds Authorities Liable for Drowning of Three Children
SRINAGAR: The High Court of Jammu Kashmir and Ladakh has ruled that government authorities are responsible for the drowning of three minor children in Udhampur, stating the incident represented a significant failure in public duty and a violation of the fundamental right to life.
Information was available with The Chenab Times that Justice Wasim Sadiq Nargal, while delivering the judgment, directed the Union Territory administration to develop and implement a comprehensive policy aimed at securing hazardous installations. This policy should include measures such as fencing, the installation of warning signboards, and other necessary safety mechanisms.
The legal proceedings originated from a petition filed by Arjun Kumar Sharma, whose three children tragically lost their lives in 2008. The children reportedly drowned after falling into an inadequately secured forebay tank associated with the Chenani Hydel Project in Udhampur.
The court rejected the administration’s argument that parental negligence was the primary cause of the incident. Instead, the High Court determined that the reservoir area was dangerously under-protected, noting the presence of only a two-foot parapet wall. This observation indicated a clear lack of due care and diligence on the part of the responsible authorities.
In its ruling, the court ordered compensation amounting to Rs 2 lakh for each child. The administration has been directed to ensure the payment of this compensation within a period of eight weeks from the date of the order.
The judgment further highlighted a pattern of recurring safety lapses, describing such incidents as indicative of systemic neglect. The court underscored the constitutional obligation of the state to protect life, particularly the lives of children, by implementing effective preventive safeguards.
The Chenab Times News Desk