Madras High Court directs State to pay compensation of ₹10 lakh each to 2 boys injured in firecracker explosion at Sivakasi

The Madras High Court Friday directed the Tamil Nadu government to pay compensation of ₹10 lakh each to two boys, who suffered severe burn injuries in an explosion of firecrackers which were illegally disposed of near a water body in Sivakasi [Sankareswari v The District Collector]. .Justice GR Swaminathan of the Madurai bench of the High Court said that while it was apparent that the firecrackers must have been illegally disposed of by private citizens, but it was the responsibility of the local municipal body and the State government to ensure that hazardous substances were handled in such a manner so that public safety was not endangered.In this regard, the Court cited that the Environment Protection Act, 1968, and the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. "It is beyond dispute that hazardous waste was dumped near the water body in question. The children were obviously unaware of the real character or potential of the dumped material. Being school going boys, they were conducting themselves in a natural manner. Throwing of stones by children in the aforesaid surroundings and in the aforesaid manner can by no stretch of imagination be characterized as voluntarily courting danger. They could hardly be imputed with knowledge that the garbage dump would contain hazardous waste," the Court said. .The Court was hearing a petition filed by the parents of the two boys seeking that the State be held accountable for the accident and that a fair compensation be paid to the victims. On July 8, 2018, the two boys, Arunkumar and Prathiban were playing by throwing stones into the water body. Some stones hit a garbage dump near the water body and an explosion occurred as firecrackers categorised as 'Hazardous Waste,' under the Environment Protection Act, had been illegally disposed of there. The two boys suffered severe burn injuries that also caused permanent disfigurement of their faces. The local police told the High Court that it was unable to trace who had dumped such waste illegally and, hence, closed the case. It also said that two persons who ran a fireworks factory in the area should be held responsible for the accident. The two men, however, denied having had any role in the incident..The Court took a serious exception to the police's submissions and said that its arguments reeked of "laziness and indifference." It further said that the Sivakasi Municipality was also under the statutory obligation to take precautions against fire and related accidents. However, such duty was not confined to the local body alone, but it vested with the government as well, the Court said. "From the aforesaid provisions, one can easily conclude that the State is under a statutory obligation to ensure that hazardous substances are handled in such a manner that the general safety of the public is not endangered. This would include the duty to ensure that hazardous wastes are dealt with in a manner as prescribed by the Rules. In the case on hand, these Rules have been brazenly breached. While the private persons are obviously the violators, the duty to ensure that there is no breach of the Rules is on the State. These are matters in which the principle of absolute liability has to be applied. The authorities have miserably failed to monitor the manner of disposal. The negligence on the part of the authorities is responsible for the occurrence," the High Court said. It went on to note that the accident had caused both physical and psychological trauma to the children. Their friendships and studies had suffered, and even their "marital prospects" had become "a serious question mark," the court said. Justice Swaminathan, therefore, directed the TN government to deposit within four weeks, the compensation amount of ₹10 lakh each in fixed deposits in a nationalised bank, and permitted the victims to withdraw such money after five years. The Court also said that if the boys ever wished to undergo plastic surgery, then they must be treated on a preferential basis in a government hospital having such facility. .Advocate S Muniyandi appeared for the petitioners.Special Government Pleader M Lingadurai, and Government Advocate B Thanga Aravindh appeared for the respondent state, district, and civic authorities. Advocate N Sathish Babu appeared for the two firework factory owners..[Read Judgment]