Karnataka needs a law to fix potholes

In perspective

The Karnataka High Court on September 19, 2022 came down heavily on the Bruhat Bengaluru Mahanagara Palike (BBMP) for its failure to implement the Comptroller and Auditor General of India (CAG) report on storm water drains (SWDs) for filling of potholes and removing the encroachments on SWDs.

According to the statistics released by the National Crime Records Bureau for 2021, Bengaluru accounts for 30 incidents and 30 deaths caused due to negligence of civic bodies. Bengaluru has topped the chart in 2019 and 2020 too. Karnataka saw the highest number of incidents, 32, and the highest number of deaths, 33, because of the negligence of civic bodies in 2021.

The issue of potholes is an important one for Bengaluru, especially in the backdrop of the heavy rains that have increased waterlogging and worsened the condition of the roads. The incessant rains add on to the worries, as the accumulated water makes it almost impossible to find out if the road has potholes, leading to a spike in accidents. This puts the life of commuters at risk, as evidenced by the fatalities, which have been on the rise. But, why are there so many potholes? This is potentially owing to the bad quality of roads, made of materials that are substandard and inadequate. Additionally, the lack of coordination between various civic agencies leads to the digging of roads, leaving them unattended.

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BBMP maintains a mobile application, Fix my street, where the citizens can file complaints against potholes. Based on the complaint, action is taken along with photographs and a report. The app has drawn criticism for technical glitches and has been touted to be dysfunctional. BBMP has also provided toll free numbers, which are not functional, making it difficult for citizens to file complaints.

Social media outrage triggers action, always. In June 2022, a commuter shared a video of a road that was riddled with potholes on the Bengaluru-Mysuru road. This video triggered many responses on social media, forcing the authorities to take action. But, is social media outrage the only way forward to force civic agencies to fulfill their responsibilities?

In 2019, the Karnataka High Court ordered the BBMP to give compensation for accidents caused due to poor condition of roads and footpaths. This would be subject to submission of all relevant documents by the victims. Sadly, the BBMP has only paid rarely, indicating that there is lack of clarity in the compensation guidelines. There have been various instances of affected victims approaching the BBMP, but their claims have either been rejected without cause, or have been made to run from pillar to post. Even to this day, most citizens are not aware that they have a right to compensation for injury or death caused by potholes and poor condition of the roads and footpaths.

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Every citizen has a right to live a meaningful and dignified life and this includes the right to good roads. Therefore, BBMP as a statutory body has a legal and constitutional obligation to ensure pothole-free roads and should be held accountable for accidents caused due to potholes. Additionally, the lack of coordination between various civic agencies is also a reason for the pathetic condition of the roads, with civic agencies shifting blame on who has dug the road, shrugging off the responsibility. The lack of transparency and accountability in construction projects along with the lack of oversight makes this a never-ending saga. The buck should stop at some point-- where the negligence of those responsible is exposed. Contractors and engineers should be held accountable for faulty design and poor maintenance. Authorities owe a non-delegable duty of care to citizens and should be held accountable for the same.

In Karnataka, the approach should move beyond being merely just compensation-based. It is imperative that officials are held responsible for the conditions of the victims. Despite the multiple deaths and injuries caused, we see there is no legislation that is explicitly or specifically dealing with the accountability for injuries or deaths caused because of potholes. Post complaint of a pothole, it is imperative that such potholes are filled within a stipulated time, failing which action should be taken and this should attract criminal liability.

Potholes have plagued the state for long, and it is time to put an end to these woes, by granting compensation while also holding those responsible accountable. A specific law to deal with cases of bad roads and potholes, and to prescribe accountability and monitoring mechanisms should be enacted to ensure that erring authorities and officials are held liable. The insufficiency of the existing provisions should provide an impetus for the same. The Kerala High Court very rightly described road accidents caused by potholes as man-made disasters.

(The writer is Research Fellow at Vidhi Centre for Legal Policy)