NHRC issues show cause notice to the Government of NCT of Delhi in a case of death due to electrocution in Dilshad Garden (10.11.2017)
New Delhi, 10th November, 2017
The National Human Rights Commission, NHRC has issued a notice to the Chief Secretary, Government of NCT of Delhi to show cause why a sum of Rs. 3,00,000/- may not be recommended to be paid to the next of kin of the deceased Robin Thomas, who was electrocuted to death in Dilshad Garden, on the 21st May, 2017 due to the negligence on part of M/s. BSES Yamuna Power Ltd. M/s. BSES Yamuna Power Ltd. The Company has also been directed to submit a report on the safeguards taken to avoid such accidents in future. They have been given four weeks to submit reports.
The Commission has observed that ensuring proper maintenance of the electrical lines and providing adequate safety measures is the only way out for protection from electric shock during rain/thunder shower, which in the instant case, the BSES Yamuna Power Ltd appears to have failed to provide.
The Commission took cognizance of the incident on the basis of a complaint that a student namely Robin Thomas resident of 71-A, E-Block, GTB Enclave, Delhi, died on the road due to electric shock from a broken live wire.
On consideration of material on record, in response to its notices to the concerned authorities, the Commission has found that an FIR No. 334/17 had already been registered in the case at Seemapuri Police Station u/s 304A of Indian Penal Code. The Dy. Secretary, Department of Power, Government of NCT of Delhi clearly said that the accident could have been avoided, if earth guarding was provided under the said overhead line.
The Commission also observed that undoubtedly, contact with electricity can cause loss of a life and therefore, safety measures are taken to ensure that people don't come in direct contact with it. Hence, the BSES report cannot be accepted that there was no negligence on part of the BYPL officials. Even if the contention of the BSES is to be believed, it would practically mean that electric supply should be stopped, whenever there is rain/thundershower to avoid electric shock, which does not appear to be feasible.