News that the family of the student who died of electrocution at the Jawahar Navodaya Vidyalaya, Mawphlang in July this year is being compensated monetarily brings little comfort. Money can never replace a life. What the parents of all students in that JNV should demand is a high level probe as to how such life threatening circumstances can exist in an institution with so many young resident students. The tragedy about Meghalaya is that heartbreaking catastrophes are forgotten all too soon and life goes on until another tragedy strikes. For one, the educational institution should have regular checks of its electrical system especially when students have reported short circuits in the past. That some slipshod repair work was passed off as a major repair until a student had to lose his life would have been unacceptable in other societies with an active civil society. In Meghalaya, unfortunately there is no civil society. Section 161 (1) of the 134 page Indian Electricity Act 2003 says: If any accident occurs in connection with the generation, transmission, distribution, supply or use of electricity in or in connection with, any part of the electric lines or electrical plant of any person and the accident results or is likely to have resulted in loss of human or animal life or in any injury to a human being or an animal, such person shall give notice of the occurrence and of any such loss or injury actually caused by the accident, in such form and within such time as may be prescribed, to the Electrical Inspector or such other person as aforesaid and to such other authorities as the Appropriate Government may by general or special order, direct.
(2) The Appropriate Government may, if it thinks fit, require any Electrical Inspector, or any other person appointed by it in this behalf, to inquire and report- (a) as to the cause of any accident affecting the safety of the public, which may have been occasioned by or in connection with, the generation, transmission, distribution, supply or use of electricity, or (b) as to the manner in, and extent to, which the provisions of this Act or rules and regulations made thereunder or of any licence, so far as those provisions affect the safety of any person, have been complied with. (3) Every Electrical Inspector or other person holding an inquiry under subsection (2) shall have all the powers of a civil court under the Code of Civil Procedure, 1908 for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects, and every person required by an Electrical Inspector be legally bound to do so within the meaning of section 176 of the Indian Penal Code (read as Bharatiya Nyay Sanhita). The question is whether all these procedures have been followed in the case of the deceased Nathaniel Sohtun. And whether Rs I lakh is fair compensation for the loss of life. But more importantly whether those responsible for the carelessness that cost a young boy his life have been adequately punished.
Everyday thirty Indians are killed due to electrocution. The legislature, executive, regulators and electricity supply companies have often looked the other way when it comes to devising preventive measures and formulating an adequate, clear and consistent victim compensation mechanism. Sadly the Indian Electricity Act, 2003 substantially distances the executive from any accountability. Its time to study these Acts more astutely and contest those clauses that are anti-people but are aimed at protecting the Electricity Companies only.