The main legal point established in the judgment is the duty of care owed by State authorities to provide a safe and secure environment for children, and the liability of the State for reparation of constitutional torts arising from acts of omission and commission.

ORDER

Dr. S. Muralidhar, CJ. - The present writ petition under Article 226 of the Constitution of India has been filed by the fathers of two innocent young children who died in tragic circumstances in an Anganwadi Centre (AWC) operating in the premises of a Government School in Angul District on 7th September, 2012. The prayers in the present petition are as follows:

(i) For conducting an inquiry, fixing responsibility and ensuring initiation of criminal proceedings against those responsible for the tragic death of the two young children;

(ii) To pay compensation of Rs.10 lakhs to each Petitioner;

(iii) To issue a set of guidelines/directions with regard to safety of children while undertaking construction work in the premises of the School.

2. The background facts are that Monalisa Naik, the daughter of Jambeswar Naik (Petitioner No.1) and Priyanka Das, the daughter of Pitabas Das (Petitioner No.2), both the children aged 4 years, went to the AWC operating in the premises of the Tentulihata Project Upper Primary School (hereafter 'the School') under the Banarpal Block in Angul District on 7th September, 2012. When the children failed to return after the AWC closed, the Petitioners tried to search for them. They learnt that the bodies of the two children were found by the students of the School in the waterlogged pits excavated in the premises of the School. The bodies were then recovered and sent to the local nursing home where they were declared brought dead by the doctor. The photographs of the deceased children and the water filled pits have been enclosed with the petition.

3. It is pointed out by the Petitioners that the pits that were excavated within the school premises were left un-barricaded by the school authorities. These pits had been excavated for laying the foundation for new classrooms. On account of the failure to put in place any protective measure, the tragic incident occurred. It is submitted that two precious young lives were lost on account of the grave negligence of the Scholl authorities in keeping the pits filled with water unguarded. Invoking Article 21 of the Constitution for violation of the right to life of the two little children, their respective parents have filed the present petition seeking the aforementioned reliefs. It is pointed out that apart from a sum of Rs.20,000/- paid to each of the families by the local District Administration, no other relief has been granted. It is pointed out that both the Petitioners belong to the Scheduled Castes and are among the economically weaker sections.

4. In response to the petition, the District Social Welfare Officer (DSWO), Angul has filed a counter affidavit. The fact that both children died on 7th September 2012 due drowning in the pits excavated inside the School campus is not denied. It is stated that the School Managing Committee (Managing Committee) of the School was undertaking construction of additional classrooms for which the pits had been excavated. It is pointed that the work was halted on account of heavy rain fall. Both pits had been filled with rain water upto a depth of 4.5 feet. Both girls admittedly fell inside the pits and died due to drowning. At around 2.30 pm, the dead bodies were recovered from the water pits and sent to the local nursing home where they were declared brought dead.

5. In a weak attempt at shifting the blame, it is sought to be suggested by the DSWO that the incident occurred beyond the working hours of the AWC i.e. 9 am to 12.30 pm and during that time, the children were in the custody of their respective parents. Further, it is sought to be alleged that there is a footpath to move from the house to the main road, but the family members as well as the deceased girls normally used to move through the school campus to reach the main road. This way the parents are sought to be assigned with contributory negligence.

6. The DSWO states that the Headmaster of the School had been placed under suspension on 11th September, 2012.