Death after falling in open drain: Rights commission issues notice to BMC

Although the commission has issued a show cause notice to the officials, the family of the victim feels that justice is unlikely to be delivered

Mumbai The state human rights commission has asked the officials of Brihanmumbai Municipal Corporation’s (BMC) P south ward to explain why they should not be held responsible for the death of a 18-month-old, who fell in an open gutter in 2019.

The incident had riled up the locals who were appalled by not just the negligence but also the apathy of the officials (HT Photo)

Although the commission has issued a show cause notice to the officials, the family of the victim feels that justice is unlikely to be delivered.

Divyansh Singh, the toddler, had fallen into a stormwater drain outside his house in Goregaon’s Ambedkar Nagar on July 10, 2019. After the incident was discovered, the civic authorities started to look for the boy. However, they suspended the search after three days as they were unable to trace the body. Two days later, the boy’s father had filed a case at Dindoshi police station and claimed that the “nullah had been left open for the past four years” and complaints to the BMC had fallen on deaf ears.

The incident had riled up the locals who were appalled by not just the negligence but also the apathy of the officials. The police inquiry also subsequently had stated that because it was monsoon, the BMC officials cannot be held responsible for the death.

Social activist Shravan Tiwari had approached the commission right after the incident and has been appearing at each hearing on behalf of Divyansh’s family. In the order, Maharashtra State Human Rights Commission member MA Sayeed concluded that the department of solid waste management, which is headed by the assistant municipal commissioner (AMC) of the ward, is “liable to be proceeded” for the violation of human rights of the parents who lost their son in the incident.

The order also mentions that the then assistant engineer and sub engineer were responsible for the mishap. The concerned officials have been asked to explain and justify why they should not be held responsible for the same. A show cause notice to this effect has been issued via the office of the municipal commissioner. The next hearing in the case is scheduled for October 12.

Tiwari looks at the order as a step toward justice, though delayed. However, the father of the victim, Surajbhan Singh doesn’t feel the same way. He pointed out that two of the officials who were holding the said positions have been promoted.

The then AMC of P south Chanda Jadhav is now a deputy municipal commissioner while in-charge of the engineering department Amit Patil has also been promoted. “This proceeding seems like a mere formality now. Ideally, those responsible for my child’s death must have been arrested and put behind bars. However, the BMC kept protecting them at every stage even during the police enquiry,” said Singh.