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From Concept to Court Order: The Service-Liability Vision Becomes Reality
(24 Oct 2025)
“If P in HCP stands for Perseverance — this is what it means!”
Back in June 2019, I wrote a blog titled “Needed : a Service Liability Act”,
arguing that citizens deserve protection not just from defective products, but also
from defective public services.
Six years later, the Bombay High Court has acted — without waiting for
Parliament — and has effectively implemented several of those ideas through its
directive on pothole-related accidents.
(News report → Hindustan Times, 24 Oct 2025)
🧩 The 2019 Proposal
I had called for a Service Liability Act to make public agencies legally
accountable for negligence, indecision, or delay.
Each case, I suggested, should be rated through a SLAM — Service Liability
Assessment Matrix that captured:
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Coverage: whether the neglect hurt one person, a community, or the nation.
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Cause: omission, abdication, or mala fide decisions.
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Extent / Time / Impact: minor-to-severe, short-to-long, mild-to-heavy losses.
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Citizen Interface: an online form or mobile app for feedback and tracking.
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Accountability: recovery of damages and penalties from the guilty official.
⚖️ The 2025 High Court Directive
In its landmark order, the Court:
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Recognised the right to safe, motorable roads as part of the right to life.
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Allowed citizens or victims’ families to claim compensation for deaths or
injuries due to potholes, uneven roads, or open man-holes.
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Fixed standard compensation: ₹6 lakh for death; ₹50 000–₹2.5 lakh for
injuries (depending on severity), payable within eight weeks.
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Directed that the ultimate liability be recovered from the responsible
engineer, contractor, or civic official — through salary deductions or forfeiture
of bills.
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Ordered departmental and criminal action in cases of gross negligence.
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Mandated a single-window complaint system (toll-free / app / web) and
monitoring committees.
📊 Comparison: Vision → Implementation
2019 Proposal | 2025 High Court Directive |
|---|---|
Coverage: Individuals, communities, entire regions | Any person injured or family of deceased may claim |
Cause: Negligence / abdication / mala fide decisions | Liability fixed on engineer / contractor / authority |
Extent & Impact: SLAM matrix for severity, time, and economic loss | Fixed slabs for death/injury; strict payment timeline |
Citizen Interface: Online complaint & rating system | Court-ordered single-window digital portal |
Accountability: Financial recovery and punitive action | Recovery from erring officials; disciplinary & criminal penalties |
Legal Structure: Proposed Service Liability Act | Judicially implemented in absence of legislation |
🌱 Why It Matters
This is how change happens — an idea proposed in 2019 transforms into judicial
reality in 2025.
It affirms that public service negligence can no longer hide behind red tape.
But the journey is not over:
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The Court has applied this to roads; it must now extend to water, power,
waste, pollution, and building safety and umpteen other services
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What began as a judicial order must evolve into a national law.
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Citizens must learn to document, report, and demand accountability
using the new mechanism.
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