Jammu Kashmir High Court Holds Authorities Liable for Drowning of Three Children | Kashmir Life

SRINAGAR: The High Court of Jammu Kashmir and Ladakh has held government authorities responsible for the drowning of three minor children in Udhampur, terming the incident a “clear failure of public duty” and a violation of the right to life under Article 21.

Delivering the judgment, Justice Wasim Sadiq Nargal directed the Union Territory administration to frame a comprehensive policy to secure hazardous installations, including fencing, warning signboards and safety mechanisms.

The case arose from a petition filed by Arjun Kumar Sharma, whose three children drowned in 2008 after allegedly slipping into an inadequately secured forebay tank of the Chenani Hydel Project in Udhampur.

Rejecting the administration’s contention that parental negligence was to blame, the court held that the reservoir was dangerously under-protected, with only a two-foot parapet wall, reflecting a lack of due care.

The court awarded compensation of Rs 2 lakh for each child, directing payment within eight weeks.

Highlighting recurring safety lapses, the court said such incidents reflect systemic neglect and emphasised the State’s constitutional obligation to protect life, particularly of children, through preventive safeguards.