Borewell Accidents Continue To Happen Despite SC Issuing Preventive Guidelines 9 Years Ago [Read Order]

The tragic death of two year old Sujith Wilson in Tamil Nadu due to a borewell accident should be  an eyeopener. It is unfortunate that such mishaps continue to happen despite the Supreme Court laying down extensive guidelines nine years ago for preventing borewell accidents.

In a suo moto case taken as In Re: Measures For Prevention Of Fatal Accidents Of Small Children Due To Their Falling Into Abandoned Bore Wells And Tube Wells, a bench comprising then CJI S.H. Kapadia and Justices K.S. Radhakrishnan and Swatanter Kumar had taken note of the number of cases across various States where children had been trapped and fallen into bore wells and tube wells or abandoned wells. Accordingly, the court passed directions on August 6, 2010 to take immediate measures to prevent such mishaps.

Even though nine years have passed after the SC directions, such fatalities remain unabated. The latest tragedy is the recent death of Sujith Wilson whose lifeless body was recovered from an abandoned borewell in Tiruchirappalli, Tamil Nadu, after 80 hours of non-stop rescue operations. Wilson fell into an abandoned borewell while playing on the family's farm and he lay trapped therein at a depth of 88 feet for over 80 hours.

This incident, along with so many others could have been prevented had the authorities concerned followed the guidelines that the Supreme Court had issued. Particularly, with respect to abandoned bore wells, the court had directed that:

1. The same should be filled by clay/sand/boulders/pebbles/drill cuttings etc. from bottom to ground level. Further, a certificate to the above effect must be obtained from the concerned department of Ground Water/Public health/Municipal Corporation/Private contractor etc.
2. The Executive of the concerned agency/department shall conduct random inspection of such abandoned wells to ensure compliance.
3. Information on all such abandoned bore wells shall be maintained in the District Collector/Block Development Office of the State.

With regards the construction and subsequent maintenance of bore wells, the court directed:

1. A land owner, before taking any steps for constructing bore well must inform in writing at least 15 days in advance to the concerned authorities in the area, i.e., District Collector/ District Magistrate/Sarpanch of the Gram Panchayat/any other Statutory Authority/concerned officers of the Department of Ground Water/Public Health/ Municipal Corporation.
2. At the time of construction, barbed wire fencing or any other suitable barrier should be erected around the well. Further, a signboard must be erected near the well with details of the drilling agency and the owner of the well.
3. Cement platform admeasuring 0.50x0.50x0.60 meter (0.30 meter above ground level and 0.30 meter below ground level) must be constructed around the well casing.
4. Well assembly should be capped by way of welding steel plate or by providing a strong cap to be fixed to the casing pipe with bolts & nuts.
5. On completion of the drilling operations at a particular location, the ground conditions are to be restored as before the start of drilling; mud pits and channels must be filled.
6. In case of pump repair, the tube well should not be left uncovered.

Additionally, it was directed that:

1. The District Collector should be empowered to monitor the implementation of the above guidelines.
2. Registration of all the drilling agencies, including the Private agencies should be mandatory with the district administration/Statutory Authority wherever applicable.
3. District/Block/Village wise status of bore wells drilled viz. No. of wells in use, No. of abandoned bore wells found open, No. of abandoned borewells properly filled up to ground level and balance number of abandoned borewells to be filled up to ground level should be maintained at District Level; the Village Sarpanch and Executive from the Agriculture Department shall oversee such implementation in rural area and the Junior Engineer and the Executive from Department of Ground Water/Public Health/Municipal Corporation shall oversee such implementation in urban areas.

A PIL has been filed by one Advocate G.S. Mani before the Supreme Court, against the State's negligence which led to Wilson's death, pleading that the court must take stringent steps to ensure that the above mentioned guidelines are complied with in full letter and spirit.

Click here to download SC order to prevent bore well accidents

Read the SC Guidelines to prevent bore well accidents