HC Sets Up Panel To Probe Indore Water Contamination, Questions 'Verbal Autopsy' In Govt Report

Indore: A one-man commission comprising a former high court judge was set up by the Indore bench of the Madhya Pradesh High Court to probe water contamination in the Bhagirathpura area of the city, observing that the matter needs an urgent judicial scrutiny.

The panel was asked by a division bench of Justices Vijay Kumar Shukla and Alok Awasthi to submit an interim report within four weeks of the date it starts proceedings. Its formation followed a slew of public interest litigations (PILs) filed simultaneously over the deaths of several people in Bhagirathpura due to the consumption of contaminated water.

"Considering the gravity of the allegation and affecting the right to life enshrined under Article 21 of the Constitution and the need for an independent fact-finding exercise, the court thinks that the matter requires investigation by an independent, credible authority," it said.

"Accordingly, we appoint Justice Sushil Kumar Gupta, former judge of the Madhya Pradesh High Court, a one-man commission of inquiry into the issues relating to water contamination in Bhagirathpura, Indore, and its impact on other areas of the city," the court added.

As per the order, the commission shall inquire into and submit a report on the cause of contamination — whether the drinking water supplied to Bhagirathpura was contaminated and the source and nature of contamination (sewage ingress, industrial discharge, pipeline damage, etc).

The panel will also probe the number of actual deaths of affected residents on account of contaminated water, find out the nature of disease reported and adequacy of medical response and preventive measures, suggest immediate steps required to ensure safe drinking water, as well as long-term infrastructural and monitoring reforms. It will also identify and fix responsibility upon the officers and officials found prima facie responsible for the water contamination incident and suggest guidelines for compensation to affected residents, particularly vulnerable sections.

The commission shall have powers of a civil court for the purpose of summoning officials and witnesses, calling up records from the government department, hospitals, laboratories and civic bodies, ordering water quality testing through accredited laboratories and conducting spot inspections.

All state authorities involving district administration, Indore Municipal Corporation, public health engineering department and Madhya Pradesh Pollution Control Board shall extend full cooperation and provide records as sought by the commission, the high court said. The state government shall provide office space, staff and logistical support to the commission, it said.

A total of 454 patients were reportedly admitted to local hospitals during the vomiting and diarrhoea outbreak, of whom 441 have been discharged after treatment, and 11 are still undergoing treatment. Officials said a leakage in the drinking water pipeline of the municipal corporation, sewage from a toilet was also mixed in the water.

The state government on Tuesday informed the high court that the deaths of 16 persons in Bhagirathpura were possibly linked to a month-long outbreak of vomiting and diarrhoea caused by contaminated drinking water. It presented an audit report to the bench of 23 deaths from the current gastroenteritis epidemic in Bhagirathpura, suggesting that 16 of these fatalities may have been linked to the outbreak of vomiting and diarrhoea caused by contaminated drinking water.

Prepared by a committee of five experts from the Government Mahatma Gandhi Memorial Medical College in Indore, the report stated that the deaths of four persons in Bhagirathpura were not linked to the outbreak, while no conclusion could be reached regarding the cause of death of three others in the area.

Advocate Ajay Bagadiya, representing the petitioners, said, "The state government presented the audit report of 23 deceased individuals before the bench of Justices Vijay Kumar Shukla and Alok Awasthi. The entire report is misleading, as it suggests that the deaths of 16 people may be linked to drinking contaminated water. There is uncertainty about four deaths, and nothing is clear about the remaining three deaths. The remarks column in this report was completely blank."

Surprised at "Verbal Autopsy"

At the hearing, the high court sought to know from the state government the scientific basis behind its report and expressed surprise at the term "verbal autopsy" in relation to the report. The bench sarcastically stated that it had heard the term for the first time. Expressing concern over the incident, the court observed that the situation was "alarming," and noted that cases of people falling ill due to contaminated drinking water have also been reported in Mhow, near Indore.

The high court said the serious issue concerning contamination of the drinking water supply in the Bhagirathpura area allegedly resulted in widespread health hazards to residents, including children and elderly persons. According to the petitioners and media reports, the death toll is about 30 so far, but the report depicts only 16 without any basis or record, it observed.

It is averred that sewage mixing, leakage in the pipeline, and failure of civic authorities to maintain potable water standards have led to the outbreak of waterborne diseases. Photographs, medical reports and complaints submitted to the authorities prima facie indicate a matter requiring urgent judicial scrutiny, the order states.

Bagadiya said, "The Indore Municipal Corporation informed the court that 18 borewells in the area from where the water was supplied have been shut down. An awareness campaign was being conducted in the area. As many illiterate people live in that area, how would they understand whether the water was safe to drink or not?"

He said the Rs two lakh compensation that the government is talking about was given from the Red Cross fund and not from its coffers. "Whereas, in cases of accidental deaths or snake bites, the government provides Rs four lakh. In this case, the government has not provided any clear information."

The state government also presented a status report to the court in this matter. After the hearing, the court reserved its order.

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