Kerala High Court Takes Suo Motu Case Over Child Falling Into Drainage, Directs Cochin Corporation To Slab Uncovered Drains In 2 Weeks

The Kerala High Court on Friday took suo motu cognizance of the incident wherein a three-year old child had fallen into an uncovered drain in Panampilly Nagar on Thursday evening. The child had been walking with his mother when he fell into the drain, and had a narrow escape due to the timely intervention of his mother and other local persons. 

Justice Devan Ramachandran was informed about the incident today by the Amici Curiae S. Krishna and Vinod Bhat. The matter was listed today on an emergent basis, and the appearance of the Secretary of Cochin Corporation was called, since the upkeep of such spaces were exclusively vested with them. 

Accordingly, the Secretary of Cochin Corporation, Babu Abdul Khader, appeared before the Court today and apologized unreservedly for the issue. 

"It is a matter of great joy that the child has not been injured severely, though I am fully aware that it could have seen far graver consequences. It is pure providential grace that this Court is not faced with a situation which could have been horrendous", it was observed. 

The Court further noted that 'Operation Footpath' had been an idea that had been mooted by the Court several months ago on the principle that a city in which citizens could not walk, is not worthy to be called such. 

"Imagine if something had happened to that child today, the consequences would have been far graver", the Court orally noted, while remarking that the child had indeed been a lucky survivor. 

The court orally noted that the elderly and adults may be aware of such open, uncovered drains and treading carefully. "But the city is not only for adults. It is also for the children, it is also for the old and the infirm", the Court orally remarked while emphasizing that such drains ought to be covered or barricaded. 

The Court added that while open pits and drains were not new in the Cochin City, it could not be a justification to turn a blind eye to the issue. 

The Court was told by the Secretary of the Corporation of Kochi that the Corporation was undertaking every measure in terms of the directions of the Court, to make the pedestrian areas safer in the City. It was however, added that the same required time, effort, and money, last of which was scarce. It was assured by Khader that within the next two weeks, all the open drains and pits in the city would either be slabbed, as far as possible, or would be barricaded and kept away from harm. 

The Court noted that it had earlier constituted a Committee under the Chairmanship of the District Collector, in the matter of Perandoor Canal and drain management in the City, and noted that the instant case would also come within the ambit of the Disaster Management Authority Act. 

"The absolute imperative of making the city safe, be it young, old or infirm, has now attained acme proportions with this one incident. Unless we act now, the day would not be far when we would have to see the full consequences of such an incident. This is unthinkable", the Court noted.

The Court thus recorded the submissions of the Corporation regarding slabbing/barricading of open drains and pits in the city, and directed the same to be completed within a period of 2 weeks. 

It further directed the District Collector, Ernakulam, in conjunction with the Cochin Corporation, under the overall supervision of the Committee constituted by the Court, as aforementioned to oversee the said action and also to conduct a security audit, simultaneously or thereafter with respect to the pedestrian of the City. The Court directed the report in this regard to be placed before it in due course, or by the next posting date, if ready. 

The matter has been posted for December 2nd for further hearing.