NHRC recommends Rupees 3 lakh as monetary relief to a victim of electrocution in U.P

New Delhi, the 18th December, 2009

NHRC recommends Rupees 3 lakh as monetary relief to a victim of electrocution in U.P.

The National Human Rights Commission has recommended that U.P. Power Corporation Ltd. pay a sum of Rs. three lakhs as monetary relief to the next of kin of Ramadhar Yadav who died due to electrocution.

The Commission took the cognizance of the case on a complaint filed on the 13th August, 2008 by Naubal Yadav, son of Ramadhar, resident of village Tajpur, District Mau, U.P. He had alleged that the Junior Engineers and Linemen of the Electricity Department had been engaging his father Ramadhar Yadav for repairs of transmission lines in the area of Kotwa Sub-Station. On the 6th August, 2008, SSO Chandrapati Pandey and Lineman Markandey Singh of the Electricity Department took his father from home to repair 11 K.V. transmission line in Honhaich village. While repairing the transmission line, Ramadhar was electrocuted and fell down from the electric pole. He was taken to hospital, but he could not be saved.

The Commission issued directions to SP, Mau and U.P. Power Corporation on the 5th September, 2008 for conducting an enquiry into the incident. The enquiry report by the police authorities revealed that Ramadhar Yadav used to repair transmission lines and on the 6th August, 2008, he had climbed the electric pole for repair and was electrocuted. He was taken to a hospital by Markandey Singh and other employees of the corporation but could not be saved. The post mortem report also suggests that the cause of death was shock, resulting from electrocution.

The enquiry report of U.P. Power Corporation revealed that the Ramadhar Yadav had not been engaged either by SSO Chandrapati Pandey or by Markandey Singh to repair the transmission line. He had climbed the electric pole in an unauthorized manner and he was himself responsible for his death.

The Commission observed that it is difficult to believe that Ramadhar Yadav had climbed the electric pole for repair of the transmission line on his own. He became a victim of unlawful practice of U.P. Power Corporation Ltd. The Commission found that outsiders are sometimes engaged in an unauthorized manner for repairs of transmission lines. This practice results in serious violation of human rights of the victims as such hapless worker is not only exposed to insecurity of life but also deprived of the benefits of labour laws. The Commission also observed that no enquiry was conducted by the Director of Electric Safety necessary under Section 33 of the Indian Electricity Act, 1910. Had the enquiry been conducted, the true facts would have come tolight.

The Commission concluded that the employees of the Corporation had engaged Ramadhar Yadav for maintenance of transmission line in an unauthorized manner by the employees of the UP Power Corporation. He was the bread earner of the family. Therefore, UP Power Corporation Ltd. should pay monetary relief to the next of kin of deceased Ramadhar Yadav. The Commission also asked for a compliance report within eight weeks after the report of its recommendations.