Government can be sued for negligence
A series of incidents all pointing to the government’s negligence have claimed innocent lives across the city.
In a tragic turn of events, 25 students in Telangana recently ended their lives due to discrepancies in the Intermediate results, thanks to the State government and its agencies. But this is just one of the innumerable instances where the onus of all goof-ups lies with the government of the day. Isn’t it time we citizens sue the government?
“The Constitution has provided wide powers to the citizens under Article 32 and Article 226. These provide for filing for writs against the government,” says Keerthi Anantha, senior advocate, High Court.
The last one month alone has left a trail of death and destruction in the city. The floodlight tower at L.B. stadium came crashing down killing one, people have been washed away in open manholes, hoardings have crashed down due to gusty winds, trees have been uprooted and fallen on unsuspecting Hyderabadis, injuring them or worse, leading to their deaths – prompting one to ask who is really responsible. Is it not the job of civic authorities to take up proper maintenance of roads, infrastructure and trees?
In a petition filed by Sunkara Naresh, a human rights activist, who contended that minister Jagadish Reddy and others played with the lives of Intermediate students, sought action against police for not registering an FIR against them despite their gross negligence. The Telangana High Court has issued notices to principal secretary (home) Rajiv Trivedi, Hyderabad commissioner of police Anjani Kumar and Nampally Station House Officer asking them to explain the reasons for failing to file a complaint against education minister, education secretary, TSBIE secretary and Globarena Technologies in connection with the Intermediate examination result fiasco.
“The government in power is supported by the people and it’s their responsibility to protect the lives of the people. They pay taxes and expect that the government would take care of them. In the last one month, many citizens have lost their lives due to the negligence of the government and its departments,” says S. Jeevan Kumar, HRF AP and Telangana Coordination Committee member, adding, “The latest Telangana exam fiasco, where 23 students committed suicide over the failure in the Intermediate examinations due to the government’s irresponsibility needs to be probed by the sitting judge by asking for the Education Minister’s resignation. Parents also have the right to sue the government by virtue of Article 300 of the Constitution.”
He also states that a PIL has already been filed by Balala Hakkula Sangham, an NGO represented by its founder president P Achyuta Rao, seeking judicial enquiry into the alleged irregularities relating to Intermediate exam results. “Social institutions in each culture have a context that is specific to the region. So the state or the government needs to be questioned in a democratic environment. Violations of democratic tenets by the state can be a threat to the people,” says sociologist Aparna Rayaprol.
Surely, the government and its agencies should not be allowed to get away without being punished or penalised. Mere lip service, transfer of bureaucrats (by holding them responsible for any such instances) or media trial is not enough as people tend to forget and move on?
“In India, people cannot sue the government in their individual capacity unless they are affected. Any affected student or his/her parent can sue, claiming damages for which they need to pay a huge court fee and wait for decades, apart from it being a Herculean task to prove the damages suffered. Here, a third party can file a PIL and seek remedies like revaluation etc,” explains High Court lawyer Venkatesh.