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India Needs legislation …… Electrocution. By. Md Anzarul Haque Sahara Advocate, Patna High Court.

In India the Law & the Justice is mainly divided into Criminal and civil Justice. It has got rapid momentum in the field of criminal justice while the Civil Justice popularly known as “Public Law Justice ” is the  acutely neglected filed of Indian Legal and Judicial system. In India it is on the extreme back footings,  while 50% criminality  is the outcome of dissatisfaction in the Public Justice. There was a time when the guiding concept for  civil justice was that the “King can do no wrong.” And owing to this principle no legal action could have been brought and succeeded in the Court against the King or the Govt. But with the end of Kingship and rising participation of the general people in the day to day affairs of the government this concept has gone into drastic changes. Now the existing principle of adjudication of Civil Justice ( Public Law/ Law of Torts ) is that for the  Civil injuries caused to an individual by any act, negligence or default of  the Government Official or employees,  the state is responsible to make good of the loses for such injuries and the  state in other words will have to pay adequate compensation to the sufferers in terms of money. India being a developing country has inserted certain provisions of law on the line of awarding compensation to the sufferers of a civil wrongs. Law of compensation has been made for the victim of Railway Accident & Motor Vehicle Accident etc and then there is Consumers Protection Act. Although the provisions in all these Laws are just an eye wash and on the basis of surmises and conjuctures  and also on the whims and sensation of the advocates and Judges the cases  are filed, heard and the judgment are  delivered. The Railway Claim Tribunals are only 9 in numbers throughout the Country and that too out of it 5 or 6 always remains vacant due to lapse of appointments. The District Judges who always remain over burdened in handling the Criminal Cases and bails have been given power of Claim Tribunals rendering it a neglected branch of Law. The Concept of appointing retired Judges as head of Dist. Consumers Foura and of the State Commissions have made these institutions completely worth less. But there is a complete vacuum of Law for the welfare of the victims of Electricity Accidents. There is no Law at all till this date. There is complete law less ness India in giving any relief or compensation to the victims of the electric accidents resulting in to fatalities and disabilities. The ratio of electric accidental fatalities and disabilities  are not less than the ratio of Motor Accidents which is as per   Maruti Suzuki weblog, more than 100000 ( One Lakhs)  Indians are dying every year in road accidents and more than a million are injured or maimed. In 2005, there were 439,255 road accidents – 1,225 accidents daily – which killed about 95,000 people and injuring more than 4,65, 282 innocent people in India. The Pioneer has reported that the number of fatalities on Indian roads in 2006-07 increased to 1,05,749. If any survey is conducted to locate the ratio of electric accident, I, am sure it will not	be less than the ratio of road accident. Even 1 % of the victims of Electrocution in India is not getting any relief or compensation. It is due to ZERO LEGISLATION on this point  In absence of any Law on this point, in 90 %  cases no case is lodged and no compensation is claimed taking it as an act of God and out of the remaining 10 % some of the victims prefers Money Suit before the Lower Court or someone  goes to Consumers Court and even some go to Human Rights Commissions and how ever few of them prefers to  knock the High Court Writ  Jurisdiction Under Article 226 of the Constitution. But every where the result is usually a big zero. The concept of Welfare State is completely missing on this point is India. The complete absence of Law on this point debars the innocent victim of electrocution from getting due compensation as a matter of right. The Supreme Courts and the various High Courts in India are seen to have  entertained Writs for electrocution compensation matter and have awarded compensation to the such victims on the basis of Strict Liability. But all the time it much depends on the sweet will and pleasure of the particular judge who still consider that the King can do no wrong. And thus the few rulings of our High Courts and also a few of the Apex Court do give  some hope to the victim litigant but that too  every ruling incorporate  a new theory and  not being constant on any definite points, the situation remains in doldrums. All courts including the High Courts in India consider themselves without Power and jurisdiction and therefore adopt the Policy of Tal Matol or escapism. And in short the justice is denied to the victims of the Electricity Accidents. And in the circumstances briefly narrated above the Government of India and the National Law Commission should take urgent note of the situation and make a full fledged Law for the victims of the Electric accident and let the people of this Welfare State not denied justice. And in the meantime it becomes the pious duty of the High Courts and of the Apex Court to do subjective justice to these type of victims on the basis of strict Liability theory.

XXXXXXXXXXXXX From Md Anzarul Haque Sahara Advocate Patna High Court Res:. 301 A, Farhan Enclave Ashiyan More, Near Passport Office Bailley Road, Patna 14. Mob No: 09939738780 E Mail ID. ahaque2011@rediffmail.com E Mail ID. sahara076@gmail.com