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Two
months shy of six years can be a long wait for justice. For the families
of the 59 people who died on Friday, June 13, 1997, watching the premiere
show of Border in Uphaar, an illegally run south Delhi theatre, justice
has come, even if only halfway.
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| BLACK FRIDAY: Uphaar's tragedy threw up searing
questions |
On April 24, the Delhi High Court directed the
owners of Uphaar theatre-the Ansal family, which runs one of India's biggest
real-estate companies-along with civic authorities like the Delhi Vidyut
Board (DVB) and others to compensate the families to the tune of Rs 17
crore.
Another Rs 2.5 crore-earnings of the theatre
owners from a clutch of extra, unauthorised seats in the balcony area-would
go towards setting up an accident trauma service in the city. About Rs
1.04 crore would be paid to the 104 theatre goers who were injured in
the stampede after Uphaar caught fire and turned into a death trap.
The compensation is to be paid by June 23, two
months from the date of the order. If there is a delay, money will be
recovered by the sale of Uphaar, sealed since Black Friday.
The Association of Victims of Uphaar Tragedy (AVUT) had demanded Rs 21
crore as compensation. AVUT had also asked the court to direct the theatre
owners to set up an accident trauma centre at a cost of Rs 100 crore.
But the court did not go into that since the Government is already committed
to spending Rs 55 crore on such a facility.
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THE
BIG PICTURE
Ansals to pay 55 per cent of the compensation.
The rest to be borne by civic and utility agencies.
Total compensation to be paid to the families of victims is Rs 17
crore. Another Rs 2.5 crore to be paid towards construction of an
accident trauma centre by Ansals.
Money needs to be paid within two months. Otherwise it will be realised
from sale of cinema hall.
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What AVUT, the principal plaintiff in the case,
has gained is more than just compensation. It has struck a blow for consumer
rights. After all, the court also expressed concern at the poor infrastructure
of the Delhi Fire Service-the agency tasked with rescue and fire fighting
operations in the capital. The court has asked the fire brigade to equip
itself adequately with gas masks, search lights, map of water tanks-and
promptly.
Meanwhile, the criminal trial that involves tycoon brothers Sushil and
Gopal Ansal, is on in a Delhi court. The CBI which inquired into the causes
of the fire tragedy held the Ansals and 14 others, including government
officials, guilty of criminal negligence that led to the deaths. Thus
far 104 out of a possible 108 witnesses have been examined. The judgement
in that trial is likely to come within a year.
On a summer evening in 1997, as he stood near the embers at the cremation
ground where the last rites of many Uphaar victims took place, senior
counsel K.T.S. Tulsi vowed to fight for justice. He gathered the distraught
families together, asked them to form AVUT. To be an AVUT member you had
to be part of a victim's immediate family. Every month, AVUT met in remembrance
of the dead, and to renew its pledge to see the guilty punished. Today
Tulsi says, "I am satisfied. Even though the courts move slowly like elephants,
a very important first step has been taken."
Inside the courtrooms, the families of the victims have gone through traumatic
times. Like Neelam Krishnamoorthy who had lost both her children, Unnati
and Ujjwal-17 and 13 at the time-had told India Today how she had been
humiliated by defence lawyers, and reduced to tears. Irrelevant questions
had been heaped on her-the counsels wanted her to answer questions like
"how many theatres had screened Border that day", and "whether her allegations
were false since she was a prejudiced party".
Today this forlorn mother can feel a certain satisfaction. She cannot
get back her children but her group, AVUT, has ensured that a precedent
has been set. Disasters generally go unpunished in India. The high court's
Uphaar judgement pins responsibility on property owners as well as civic
bodies that ignored violation of safety norms.
There are some piquant questions. DVB's power distribution wing, which
was responsible for the shoddy transformer that burst at Uphaar, has since
been privatised. Who will bear the compensation? The Delhi Government
or the new owners? The broader point is taken but the devil is in the
details.
 
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