The Maharashtra State Human Rights Commission (MSHRC) has recently ordered a man to deposit Rs 2 lakh with the local civic body in Bhiwandi to compensate the family of a father-son duo who died while cleaning a manhole in September this year.
The order has been hailed as exceptional by activists.
According to the police, on September 1, Chandrakant Rathod (45) and his son Ramesh (21) were asked by their employer, the owner of a dairy farm at Bhiwandi, Atik Ahmed Ismail Momin, to clean a manhole on the property. But in the absence of any safety gear, the duo drowned while cleaning it.
Momin was booked under the Indian Penal Code sections 304ii (culpable homicide not amounting to murder) and section 304A (causing death by negligence). A charge sheet is proposed to be filed against him.
The human rights body had taken suo-motu cognisance of the incident.
It came to the notice of the commission while going through the details of the case that Momin blatantly took the law into his own hands by illegally removing the concrete cover of the manhole chamber and installing an electric motor pump in a water pipeline for the purpose of cleaning and washing of cattle sheds.
The two people and some other labourers had been hired by him.
On the fateful day, Chandrakant and Ramesh climbed into the chamber to start the motor pump and begin cleaning. But they died while doing the job, the commission's order states.
"Momin who not only blatantly committed breach of mandate of law and in fact by his illegal action took away the life of two victims, has to be held responsible for the occurrence of the unfortunate incident," said acting chairperson of the panel MA Sayeed.
"Facts and circumstances warrant that for the serious breach and omission of law on his part, he should be asked to deposit compensation amount of Rs 2 lakh with the office of Municipal Commissioner of Bhiwandi Nizampur Municipal Corporation, who in turn should pay this amount to the legal heirs of the deceased."
He further stated: "The amount cannot bring back the life of the family's kin but would act as a solace for the trauma and the loss suffered by them. The local civic body should strictly comply the direction and submit their compliance to the Commission within three months."
THE INCIDENT
On Sept 1, Chandrakant Rathod, 45, and son Ramesh, 21, were asked by their employer, the owner of a dairy farm at Bhiwandi, Atik Ahmed Ismail Momin, to clean a manhole on the property.
