Mahendergarh bus crash: School administrators cannot evade responsibilities, rules Punjab and Haryana High Court

Saurabh Malik  

Chandigarh, May 29

Just over a month after a fatal accident resulted in the death of six children and severe injuries to several other in Mahendergarh district, the Punjab and Haryana High Court has ruled that the school administrators cannot simply play the blame game, attributing faults to others and evade their fundamental implicit or explicit duties, obligations, and liabilities under the guise of ignorance or negligence.

The assertions came as Justice Anoop Chitkara dismissed the anticipatory bail of a director looking after the school’s overall work, while transcending the confines of immediate legal framework to emphasize the critical role of children in society and the duty of educational institutions to ensure their safety.

Elevating the issues related to child safety from a procedural duty to a moral imperative, Justice Chitkara asserted children were the lifeblood and essence of any family, community, and society. “They represented the culmination of their parents’ blood, sweat, tears, and aspirations. It is impossible to find adjectives that fully capture the profound impact and significance children have in the lives and hearts of their family and communities. Children are our today and our tomorrow.”

Justice Chitkara added the fundamental reason for the existence of ‘the institution of school’ was to nurture and develop children. “When the parents put their faith in a school establishment and entrust their child’s safety to it, such a sensitive and immense responsibility needs to be taken solemnly and should be approached with great caution, utmost seriousness, and diligence”.

Justice Chitkara also observed laxity of ‘such massive proportion’ could not simply be ignored. The harrowing incident was a profound loss for ‘us all’. Its devastating impact on the affected families was incalculable. The precious lives could not be brought back, and those affected would forever bear its physical and mental scars.

Justice Chitkara added the school owners and their ‘sycophants’ employed a driver on low monthly wage of Rs 9,000 apparently to cut down the costs probably because no skilled driver would drive the bus for such a low wage. The driver, an alcoholic, was employed with no regard to his addiction. Their prime aim was not to put the children’s safety first, ensuring a comfortable and safe ride, but to save money on salary.

“It is the duty of us all, especially the legal justice system, to ensure a fair and thorough investigation. It is imperative to highlight, identify, and hold accountable all those who were responsible for bringing about such a catastrophe, not only to serve justice but also to ensure that such a tragedy does not repeat itself due to the mismanagement and negligence of the authorities concerned under our collective watch,” Justice Chitkara concluded.