LIABILITY AND NEGLIGENCE: ANALYSING THE 2006 MEERUT FIRE TRAGEDY

(Sanjay Gupta & Ors. v. State of Uttar Pradesh through its Chief Secretary & Ors.)

Abstract

A vibrant exhibition turned into a catastrophic event, claiming more than 60 lives at Meerut in 2006, owing to the state officials' and organisers' utter negligence and dereliction of statutory duties. After more than a decade, the Hon’ble Supreme Court brought the culprits to book recently in the Sanjay Singh case, being a significant precedent in the Law of tort specifically. This piece brings back attention to the oft-neglected arena of the law of Tort and comprehensively analyses and explores the issues surrounding the tragedy (dividing them primarily into questions of liability apportionment and compensation). The case brings out the interplay between the foremost right to life and the tort of negligence by the concerned authorities. Relying on important judicial precedents where required, the piece delves into several important aspects of constitutional tort cases, both procedural and substantial, arising out of a serious violation of the right to life of innocent visitors, including the extent and vicarious liability of the state, application of res ipsa loquitor and more. It highlights the lax implementation of fire safety laws in the country, reinstating the importance of their adherence. It discusses the need for specific laws for directly fixing liabilities on the state for breach of duty of its officers and occupiers of premises. The case will continue to serve as a reminder for adherence to safety rules and the need to adopt a comprehensive approach which involves all stakeholders to ensure public safety.