When a Pothole Becomes a Question of Life: How Citizens Can Demand Accountability

The Bombay High Court's recent insistence that municipal corporations be held liable — even made to pay for loss, injury and death caused by potholes — feels less like garden‑variety civic policy and more like a moral reawakening. The court asked civic bodies to collate data on pothole‑related deaths and injuries and admonished local authorities for what it called outright apathy Hindustan Times. That is not a small thing: it reframes safe roads as a component of the right to life, not an optional amenity Indian Express.

I am deeply moved — and unsettled — by this convergence of law and ordinary suffering. The photographs of broken roads are not just micro‑failures in asphalt; they are fractures in the social contract. Activists are rightly asking for personal accountability of officers and contractors who let this persist Free Press Journal. And citizens in other cities face identical math: economic losses, medical bills, and sometimes death — all traced to negligence rather than fate TBS.

Mumbai’s paradox is stark. The BMC is among India’s wealthiest municipal corporations, yet basic maintenance lags; the same institution that builds grand projects sometimes can't keep our streets safe Wikipedia - Brihanmumbai Municipal Corporation. Elsewhere, civic commissioners warn and accelerate repairs before festivals — a reactive scramble rather than steady stewardship Times of India.

If you ask me — and you did — citizens should stop waiting for miracles. Here is a practical, citizen‑centered playbook for pushing accountability. These are the steps I would follow, and ask others to take up with courage and persistence.

A citizens’ playbook for accountability

1. Document, systematically

• Keep evidence: photos, videos (dashcams or phone), GPS coordinates, timestamps. When an accident occurs, note police FIR numbers, hospital/ambulance records and testimony.
• Build a shared map: collect reports into a public map (Google Maps layer, Ushahidi, OpenStreetMap notes) to show clusters of hazards. Public data beats private complaints.

1. Use existing legal and administrative tools

• File RTI / Right to Information requests to obtain maintenance logs, contractor agreements, quality tests and repair schedules. The HC specifically asked civic bodies to collate data; if they don’t, RTIs force transparency Hindustan Times.
• If official indifference persists, pursue Public Interest Litigation (PIL). The courts have already signalled a willingness to recognize compensation claims tied to road safety Indian Express.

1. Rally through institutions

• Ward councillors, resident welfare associations, market committees and transport unions are leverage points. Present consolidated evidence and demand written action plans with timelines.
• Form or join specialist citizen groups that monitor contractors and post results publicly. Collective monitoring reduces the ‘I complained alone’ inertia.

1. Exploit media and social pressure

• Local journalists amplify records. Short, verified evidence bites travel fast online; a well-documented story can prompt administrative audits.
• Use targeted social media campaigns when officials stall — but keep the message factual and non‑defamatory.

1. Demand procurement and contract reform

• Push for contracts that include durable quality standards, independent third‑party testing, and penalties (including blacklisting) for shoddy work — the KDMC warning to blacklist contractors is the right idea, but it must be enforced uniformly Times of India.
• Advocate performance‑linked contracts with warranties and open tenders that are auditable.

1. Institutionalize compensation and medical aid

• Campaign for a public liability mechanism or a municipal road‑accident compensation fund so victims get immediate medical relief rather than decades of litigation Indian Express.
• Ask your elected representatives to legislate or budget for emergency medical assistance tied to roadway accidents.

1. Technology for persistent maintenance

• Promote permanent sensors, routine drone inspections, and community reporting apps linked to municipal workflows. Real‑time dashboards reduce willful ignorance.
• Encourage open data publication: which roads were repaired, by whom, with what material and when.

1. Electoral accountability and long view

• Hold candidates accountable at election time by making road maintenance performance a measurable promise. Insist on published KPIs for civic services.
• Support candidates or independent watchdogs who commit to transparency and maintenance culture.

Why this matters — beyond stones and tarmac

This is not merely about potholes. It is about what kind of public life we accept. The High Court’s stance reminds us: roads are part of the right to life. When institutions treat maintenance as a nuisance rather than duty, we pay with money, health and sometimes a life.

I believe that persistent, evidence‑based citizen action — not episodic outrage — will force the change we need. The law has begun to speak; our job is to ensure that institutions listen and that the voices of those harmed are turned into systems that prevent future harm.

If we keep at it — documenting, litigating, organizing, voting — we can turn the pothole from an emblem of neglect into a rallying point for a different kind of urban governance: one where safety, dignity and accountability are not optional.

---

A proposed legal complement: "Service Liability" and the SLAM idea

The debate around potholes and municipal liability connects directly with ideas I first argued for in a 2019 piece titled "Needed: a Service Liability Act" (see the original essay: https://myblogepage.blogspot.com/2019/06/needed-service-liability-act.html). The core argument there — and one that complements the present playbook — is that we need explicit legal structures to hold public servants and government bodies accountable for harms that arise from omission as much as commission.

Key proposals to borrow from that earlier note:

• Many countries have Product Liability Acts holding manufacturers accountable for defective products. In India, we urgently need a parallel: a Service Liability Act that makes public service failures compensable and auditable.
• "Crimes of omissions" — failures to prevent foreseeable harm (flood mitigation neglect, fire‑safety lapses, ignored pollution) — cause millions of premature deaths and widespread suffering. These should not be treated as "natural" or merely unfortunate.

Concrete design elements proposed then, which apply directly to potholes and municipal maintenance now:

• Define "Extent of hurt / damage": from minor injuries to permanent disability and death.
• Define Coverage: individual citizens, communities, or wider populations.
• Mandate Time Frames: short, medium and long term responsibilities for remediation.
• Quantify Economic Impact on sufferers: mild (money loss) to severe (loss of earning capacity).
• Classify Cause: negligence/abdication, poor but honest decisions, or mala‑fide decisions with pecuniary gain.

A practical citizen tool I proposed is the SLAM — Service Liability Assessment Matrix — an online rating form or mobile app allowing citizens to rate reported public safety failures. The SLAM concept encourages structured civic feedback and creates measurable data for claims and litigation. The suggested assessment parameters (with example weightings) were:

• Extent of Hurt — 20%
• Coverage — 30%
• Time Frame — 10%
• Economic Impact — 30%
• Perception (most likely reason for mishap) — 10%

The aggregated score could be presented as an "AQ = Anger Quotient" or "WS = Wrath Score" to communicate urgency to administrators and the public. An institutionalized Service Liability Act could then prescribe levels of punishment, compensation, or administrative action based on such measured scores and formal investigations.

If a full national Service Liability Act seems politically ambitious immediately, the SLAM tool — implemented by an NGO, civic group, or independent watchdog — can create the evidence base and public pressure needed to push legislators. For potholes specifically, SLAM data can power RTIs, PILs, local demands for procurement reform, and electoral accountability.

(Original source: "Needed : a Service Liability Act" — Hemen Parekh, MyBlogEPage, 12 June 2019: https://myblogepage.blogspot.com/2019/06/needed-service-liability-act.html)

---

Regards,
[Hemen Parekh] Any questions? Feel free to ask my Virtual Avatar at hemenparekh.ai