MP HC sets up judicial commission to probe water contamination in Indore
Indore (PTI): The Indore bench of Madhya Pradesh High Court on Tuesday set up a commission of inquiry comprising a former HC judge to probe the issue of water contamination in city's Bhagirathpura, saying the matter requires probe by an independent, credible authority and "urgent judicial scrutiny".
It also directed the commission to submit an interim report after four weeks from the date of commencement of proceedings.
A division bench of Justices Vijay Kumar Shukla and Alok Awasthi constituted the commission while hearing several public interest litigations (PILs) filed simultaneously regarding the deaths of several people in Bhagirathpura due to the consumption of contaminated water.
The HC reserved the order after hearing all the parties during the day, and released it late at night.
The state government on Tuesday told the HC that the deaths of 16 people in Indore's Bhagirathpura area was possibly linked to a month-long outbreak of vomiting and diarrhoea caused by contaminated drinking water.
The government presented an audit report of 23 deaths from the current gastroenteritis epidemic in Bhagirathpura before the bench, suggesting that 16 of these fatalities may have been linked to the outbreak of vomiting and diarrhoea caused by contaminated drinking water.
The report, prepared by a committee of five experts from the city's Government Mahatma Gandhi Memorial Medical College, stated that the deaths of four people in Bhagirathpura were unrelated to the outbreak, while no conclusion could be reached regarding the cause of death of three other people in the area.
During the hearing, the high court sought to know from the state government the scientific basis behind its report.
The division bench also expressed surprise at the state government's use of the term "verbal autopsy" in relation to the report, sarcastically stating that it had heard the term for the first time.
The HC expressed concern over the Bhagirathpura case, stating 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.
In its order, the HC said the serious issue concerning contamination of the drinking water supply in Bhagirathpura area allegedly resulted in widespread health hazards to residents, including children and elderly persons.
According to the petitioners and media reports, death toll is about 30 till today, but the report depicts only 16 without any basis or record, it said.
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 water-borne diseases. Photographs, medical reports, and complaints submitted to the authorities prima facie indicate a matter requiring urgent judicial scrutiny, the HC said.
"Considering the gravity of the allegation and affecting the right to life under Article 21 of the Constitution of India and the need for an independent fact-finding exercise, the Court is of the opinion 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 HC 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 Bhagirathpura 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; 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 co-operation and provide records as sought by the commission, it said.
The state government shall provide office space, staff, and logistical support to the commission, it said.
During the hearing in the day, the state government also presented a status report to the court in this matter.
According to reports, a total of 454 patients were admitted to local hospitals during the vomiting and diarrhea outbreak, of whom 441 have been discharged after treatment, and 11 are currently hospitalised.
According to officials, due to a leak in the municipal drinking water pipeline in Bhagirathpura, sewage from a toilet was also mixed in the water.
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'India, US moving closer to trade deal after very significant progress in talks'
New Delhi (PTI): India and the US have made "very significant" progress in their negotiations for a trade deal, with New Delhi maintaining steady momentum in talks with Washington for a positive outcome even during the final stages of concluding its free trade pact with the European Union, official sources said on Wednesday.
India's mega trade deal with the EU should not be seen as a response to offset the current state of trade relations with the US as the American market is equally crucial for the Indian exporters, they said.
Very significant progress has been made in the negotiations for the proposed trade deal with the US and the two sides are "very close" to seeing that come to fruition, the sources said.
The two sides remain in touch and even during the final stages of negotiating the EU trade pact, Indian trade negotiators were in contact with their US counterparts as well, the sources said.
"So that work is continuing. We are hopeful of a positive outcome," said a source.
It is also learnt that External Affairs Minister S Jaishankar is travelling to Washington next week to attend a meeting on critical minerals. During the trip, he is expected to meet a number of senior Trump administration officials including Secretary of State Marco Rubio.
The sources also ruled out India reviewing its decision to not join the Regional Comprehensive Economic Partnership (RCEP) that is largely dominated by China.
India and the US held multiple rounds of negotiations last year to firm up the proposed bilateral trade deal. However, the talks hit a roadblock after President Donald Trump slapped a whopping 50 per cent tariffs on Indian goods, including a 25 per cent punitive levy over Russian oil purchases, in August last year.
Apart from the tariffs, the relations came under strain on a number of other issues that included Trump's claim of ending the India-Pakistan conflict in May last year and Washington's new immigration policy.
After India and the European Union announced the free trade agreement to create a market of over two billion people, there have been views that it was a response to the disruptions caused by Washington's policy on tariffs.
There was not a single mention by either side on that (US aspect) as it was not being done because something else was happening in the background, the sources said on the India-EU summit talks on Tuesday.
The US market is as important, if not more important. And we therefore have to keep our eyes on the ball there in terms of wanting to get that trade deal across the finish line as well, the sources said.
The trade deal with the EU is definitely not being done with the spirit of one-upmanship or anything, the sources said, adding it is not that this deal is a major reaction to whatever may or may not have been happening in terms of progress in other deals.
"Our export to the EU is worth USD 76 billion as compared to USD 86 billion to the US. So it's an equally important market for us," said one of the sources, adding, "India and the EU have finalised the trade deal because it is in the mutual interest and mutual benefit of both sides."
The sources, citing the current global trade environment, said the MFN-based WTO (World Trade Organisation) oriented system is under stress and trading partners are trying to navigate the challenging environment.
The Most-Favoured-Nation (MFN) principle is a non-discriminatory pillar of the WTO trading system that requires that any trade advantage granted to one country must be extended to member nations of the WTO.
"India would like to see exports grow both in the US and Europe as we don't see one over the other," the source said.
"We see it should grow in both places because at the end of the day, that will create jobs, that will create more manufacturing," the source added.
The India-EU free trade agreement that will account for almost a quarter of the global GDP will reduce tariffs on 99 per cent of Indian exports to the EU and cut duties on over 97 per cent of the EU's exports to India.
The EU estimated that the deal will cut up to four billion euros in annual tariffs for European exporters.
Indian sectors such as textiles, apparel, leather goods, handicrafts, footwear and marine products are set to gain from the FTA, while Europe is set to benefit in areas of wine, automobiles, chemicals and pharmaceuticals, among others.
Under the provisions of the pact, the EU's wine exports will benefit significantly as the current duties of 150 per cent will see a sharp cut and the new levies will be in the range of 20 per cent to 30 per cent.
