Big question which has been coming to my mind for so long and has actually made me write this. If any government agency is negligent in its duty, what happens then. In a similar situation in the corporate, business world there are laws governing these situations and we have very strong views on anyone being negligent. But on the contrary we are quite muted in our response to the apathy shown by the government agencies in discharging their duties. Well I guess this may have some of its bearing from the British Raj days where the rulers were quite arrogant and treated public as means of revenue generation to a large extent.
Large part of our society is still living in the same paradigm of master and servant where asking a question to the higher authority is not a norm. We have been carrying on the same notion for more than 60 years after the independence and very rarely show the courage and intention to challenge the power vested in the Government.
Are these government agencies immune to any liabilities due to the negligence in the providing the services to the citizen of this country, who pay for the services provided by the government agencies. Why is that the government and its agents get special treatment when its counterpart in the private sector is asked to follow standards that are acceptable in other parts of the world. Government is perfect case of monopoly not answerable to anyone in practise ( though they are supposed to be serving the people who created them)
Let me first outline whats the role of the government in country like India where large population is still below poverty line and burgeoning middle class with growing expectations.
Government is responsible for providing Clean Water, Clean Air (Environment), Transport -Road, Rail, Sanitation, Health, Education Physical Safety , Security ( Internal Law& order-Policing & External – Border Security)….
Let me now outline few specifics that affects the life of every citizen. I am sure the counter argument will be large population, not enough resources.How does this applies to something where government is playing the role of a service provider in our everyday life and we have no other choice then rely on government provided services at large.
Water – Lifeline
Water is the most basic human need and as far as my understanding is that government has failed to provide clean drinking water to majority of its citizens, forget about the remote location and the rural areas where people still go place to get water to survive. The most important question comes down to the quality of water supplied by the government agencies in India is so bad that large number of people rely water purification systems for the drinking water needs. Now this does solve the problem for few who have the means but what about average person on the street who can afford these sophisticated purification systems. Do they have no rights to get clean water.
Other issue is about the need for some accountability where government must provide standards about the water it provides and if they fall below those who is liable for such situation. After all we all pay for the access to clean water and have the right to get it, if government is unable to offer this service at reasonable level, they must get out of this business or face consequences like any other business. I remember few years ago there was huge hue and cry about coca cola not adhering to water standards. All the politicians were after their life, but no one has ever asked why cant we get clean and safe drinking water when we pay for it.
I am even astonished to think that we have so many legal brains in this country, who themselves have to face same situation although to a lesser extent as they can afford bottled water. but they cannot escape the fact that water pollution is affecting lives in much more broader fashion then just drinking water only. Food we eat is contaminated as it is grown in areas with contaminated water.
Do we not have the right get the service that we pay for. Don’t we ask question to other providers like telephone companies if the service goes down or not up to the mark. Should we not get information supplied to us at the back of our water bill about the quality of water, Its purity checked/audited via independent body on regular interval. I would feel that water being the life line must get special attention as dirty water can lead to lot diseases, extra cost to the health system as well as loss of productivity.
I am surprised by the lack of interest even among the judiciary and legal fraternity which can play a big role in protecting our right to get the service we paid for. I may be ignorant or unaware about any precedent on this where government can be forced to provided services it promises otherwise faces the consequence of very huge liability bill. I am sure it will happen sooner than later where government will be taken to the task. Only way government will wake up from its sleep is when media, informed citizens and judiciary comes together and demands what is expected. We have relied on the politicians and bureaucrats for too long, as they are only interested in protecting themselves
It sound boring to some, but right to dignified life is enshrined in constitution, and asking for clean drinking water is vital for anyone’s life especially when you are paying for such service, Government cannot win this argument that it provides free water to lot of people, hence its going to provide dirty water to its citizens.
Clean Air – Breathe fresh air
Clean Air is vital to human life and we seem to be not caring about this at all, Government cannot wash its hand by saying that there are too many people, too many vehicles and we cant help on this, this is where leadership needs to be shown by people in policy making positions, if they don’t act then they are not fulfilling their duty and should be held liable and punished appropriately. At least first they must recognize their is big problem on hand and though it cannot be solved overnight but they must set concrete goals in terms of what is acceptable air quality and how they are going to get to those standards. They must find resources to tackle to issue and be accountable. If the government is unable to provide us with cleaner air to breathe, then they must be held liable.
Cleanliness is very important to live healthy, and looking at the current state of our cities/towns and villages we have failed here miserably. Government collects taxes from us to provided basic sanitation and cleaning services, but it is so bad that at times it feels like we are living among garbage dumps. Stench of open garbage dumps leaves one breathless, stinking overflowing sewage resulting into so many diseases. How do we get to such state, is this what we pay our taxes for? Is this acceptable level of service by the government agencies. is there anyone responsible for such state of affair? No one seems to be bothered about this, each of us are quite happy to have our own home cleaned twice a day and leave the streets as if we live in cocoons and don’t need to venture out at all. Rich or poor, we all breathe same air. It seems like we have all been guilty to some extent but still our government cannot escape the responsibility to provide clean living space for its citizens
Safety First
Safety is something, that is very close to my heart. While government may argue that it provides safety to its citizens in best possible manner. I would disagree with most.
Government basks in announcing every year that they are spending money on various activities like creating roads, rail, hospitals, schools. How many of these activities they do actually conforms to any safety standards. Roads are built and designed so poorly that they result in large number of accidents, Hospitals are built to fulfill the numbers and regard for the patient safety whatsoever. School buildings can be seen half finished with electrical wires hanging in the class rooms. Fire Safety is just limited to getting a fire safety certificate. No Seems to care about any of this, because we have got used to living in unsafe conditions. Roads are dug up overnight and left open. There has been so many instances where children/ senior citizens and even ordinary citizens have lost their life. We have forgotten to value precious life and government agencies have become more and more arrogant due to lack of fear of punishment due to negligent behavior.
How can we be so insensitive about the loss of life due to someone negligence. I can understand that there are times when loss of life will happen in situation beyond your control, but lets be honest, these situations where government agencies are just not doing their job are easily preventable and will save so many lives.
Safety is not just about houses, roads and schools only, safety applies to everything we interact in our daily life and we need to come a long way to become safer place. Government needs to take a lead in creating safer work places, enforcing safety in housing, industrial settings, hospitals, vehicles, schools …….
Government provides certain service as sovereign and some service are more commercial in nature. My Argument is that where government is involved in the commercial activities, there must be clear guidelines for the service level in terms of its quality and timeliness. Unless there is a clear demarcation and responsibility we will always be treated as servants. This situation will not change overnight, but will require constant push from public, media, judiciary and hopefully our bureaucrats and politicians will rise to the challenge.
Most important of all is the ability to pin point negligence by the government agencies and have a legal framework that enables us to enforce government agencies to discharge their duties as expected by the citizens. Citizens need to be given the access to raise their voice against the government agencies and if found guilty, judiciary need to punish the guilty to ensure citizens rights are protected.
Read these questions and ask yourself why?
- We pay for the power and still we get substandard power with so many power cuts and unstable power resulting in damage to electrical equipment.
- Substandard quality of water and erratic supply
- Substandard roads though you pay for vehicle registration for 10 year in advance
- Pay your taxes in advance, but any refund comes back after 3-9 months
- Garbage scattered all over the place where you live, even if there are allocated cleaning staff who only come to fill the attendance in the morning
- Some of the recent cases where government has been held responsible for negligence
Legal Resources
http://www.legalservicesindia.com/article/article/vicarious-liability-of-state-in-sovereign-functions-580-1.html
http://lawmin.nic.in/ncrwc/finalreport/v2b1-13.htm
http://indianexpress.com/article/india/india-others/sc-holds-akhilesh-govt-guilty-of-negligence-orders-arrest-of-all-muzaffarnagar-accused/