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It's that time of the year when a cool dip in the swimming pool is most inviting. It's also the time when swimming pools do brisk business teaching children to swim - after all, learning to swim is not just essential, but is a good form of exercise too. However, in order to enjoy that swim, one has to ensure that the swimming pool is clean and, the water is regularly changed and disinfected, or else, the swimmers will come down with a host of water-borne diseases. Similarly, the pool has to be designed and constructed in accordance with safety norms and maintained properly. It is equally important to ensure that there are adequate number of well-trained lifeguards, first-aid facilities in case of an accident and strict vigil over the swimmers. For example, the number of swimmers in the pool at any given time should be strictly restricted. Those running the pool should have a record of every person entering the pool and exiting it. I would like to quote here some of the cases pertaining to swimming pool tragedies that have come up before the consumer court, to highlight how carelessness can cost a life. These cases, in fact, could help swimming pool authorities learn a few lessons on how to ensure the safety of those who swim in the pools run by them. In the case of young Kedar Dole, for example, the apex consumer court found that the Shikshan Prasarak Mandali, Pune, which offered coaching classes in swimming, had not put a net or a partition in the pool to prevent learners from entering the deep side of the pool by mistake. Similarly, while Kedar, a learner, was swimming, the coach had left him unattended. Even the lifeguard, who was expected to be attentive, failed miserably in his duty. Even when it was discovered that Kedar was missing, instead of searching for him in the pool, the lifeguards and the coach wasted precious time looking for him in the bathroom and elsewhere. After he was taken out of the swimming pool, it was discovered that there was no life-saving mechanism at the pool. There was not even a vehicle to take him to the nearest hospital. In fact, the pool authorities had not even identified a hospital where a swimmer could be taken in such emergencies or a doctor who could be called in. Similar negligence, it was found, had led to the death of another youngster, Sajeev, in Belgaum, Karnataka, in 1992. Here the safety measures in place at the pool owned by the Corporation of the City of Belgaum and run by the Belgaum Aquatic Club were so poor that the pool authorities had not even noticed that the boy, who was learning to swim, had not come out of the pool. So much so that when the parents went to the pool in search of the boy as he had not returned home, they were informed that he had left long ago! By the time the boy's body was discovered, it was too late. The observations of the apex consumer court in these cases would have some meaning only if those who run these pools take cognizance of these issues and ensure that the pool is safe in all respects. But unfortunately, instead of putting in place fool-proof safety measures, pool authorities come up with terms and conditions to escape liability for any such accidents, even if caused by their negligence. In Municipal Corporation of Hyderabad Vs Shri Abdul Azeez, the National Consumer Disputes Redressal Commission made it clear that pool authorities cannot escape liability by printing such terms and conditions that say that "swimmers shall swim at their own risk". It also clarified that whether the swimmer is a learner or an experienced swimmer, fully trained, adequate number of lifeguards are a must. In this case, the pool authorities had argued that their terms and conditions made it clear that they are not liable for any mishap. They had also argued that the boy had not specified in the application form that he was a learner. Meanwhile, as parents, I would urge you to first check the safety measures in place at a pool before sending your ward to learn swimming. In fact, I would suggest that you accompany the child and keep a close watch while she or he swims. Never take
any chances.
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Similarly, there should be clear separation of the shallow and the deep side of the pool and those who are learners should never be allowed into the deep side. It is equally important to ensure that the pool is properly lit. If any of these safety precautions are ignored, there could well be tragic accidents. 