"Violation Of Constitutional Right To Life": Orissa HC Orders ₹20 Lakh Compensation In Case Of 2 Girls' Death At Anganwadi Centre

The Orissa High Court last week ordered ₹20 Lakh Compensation (ten lakh each) to the families of the two young girls (both 4-year-old) who had died in an Anganwadi Centre (AWC) operating in the premises of a Government School in the year 2012.

Importantly, the bodies of the two children were found in the waterlogged pits excavated in the premises of the School and when the bodies were sent to the local nursing home, they have declared brought dead by the doctor.

Stressing that a clear case was made out for grant of compensation for violation of the constitutional right to life of the two young children resulting in their needless deaths at a very young age, the Bench of Chief Justice Dr. S. Muralidhar and Justice B. P. Routray allowed the writ plea and ordered a sum of Rs. ten lakh to each of the Petitioners (fathers of the girls).

Case of the petitioners

It was the case of the Petitioners (fathers of the victim girls) that the pits, that were excavated for laying the foundation for new classrooms within the school premises, were left un-barricaded by the school authorities and therefore, on account of the failure to put in place any protective measure, the tragic incident occurred.

It was submitted that two precious young lives were lost on account of the grave negligence of the School authorities in keeping the pits filled with water unguarded and thus, invoking Article 21 of the Constitution for violation of the right to life of the two little children, their respective parents filed the present plea seeking the aforementioned reliefs.

It was pointed by the petitioners that apart from a sum of Rs.20,000/- paid to each of the families by the local District Administration, no other relief had been granted. 

Court's observations

At the outset, the Court noted that the three pits had been excavated in the school premises for the construction of additional classrooms and that the 4 ½ feet pits were left open without any barricade.

The Court further refused to accept the suggestion of the Opposite Parties, that there was an element of contributory negligence of the parents in the death of the two little children and observed thus:

"The lack of barricading of the pits or any warning sign appears to be the reason why they met with a tragic death. There can be no doubt therefore that there was gross negligence on the part of the School Management/Administration and for that matter the District Administration in not barricading these pits. The School authorities owed a duty of care to all those who were likely to visit its premises and with the AWC being located therein, it was expected that the School authorties would be conscious that young children were bound to visit it."

The Court also stressed that Article 21, 39(f) and Article 45 of the Constitution read with Section 11 of the Right to Education Act state that the right to life and the right to education of children encompasses all elements that comprise the receiving of education in a healthy and safe environment.

Significantly, referring to the law laid down by the apex court in Nilabati Behera v. State of Orissa, the Court held that the State officials were liable for the death of the two helpless little children and requiring the state authorities to pay compensation for violation of the fundamental right to life of the two children.

[NOTE: In Nilabati Behera, the Supreme Court had explained the principle on which the liability of the State arises in such cases for payment of compensation and the distinction between this liability and the liability in private law for payment of compensation in action on tort.]

Lastly, finding that the death of two little children was entirely avoidable and would not have occurred if barricades had been erected around the excavated pits, the Court ordered the compensation to be paid by the District Administration within a period of four weeks.

Additionally, the Court directed that directions be issued to the Collectors of all the thirty districts in Odisha to ensure strict compliance with the directions of the Supreme Court In Re: Measures for prevention of fatal accidents of small children.

[NOTE: In this matter, the Supreme Court had underscored the duty of care owed by State authorities to unwary wayfarers, of young age, who might unknowingly get trapped in the unguarded drilled well left abandoned. The Court had also laid down the safety norms to be put in place to avoid such incidents.]

Lastly, a copy of this order was directed to be sent to the Odisha State Commission for Protection of Child Rights (OSCPCR) and the National Commission for Protection of Child Rights (NCPCR) for information.

Case title - Jambeswar Naik and another v. State of Odisha and others

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