Act of Omission

 

The recent report from The Times of India,

“Centre orders corrective measures after CAG flags unsafe drinking water at railway stations”

, highlights a recurring crisis in our public services: the failure to provide basic, safe amenities despite constitutional and legal expectations. While the government has ordered "corrective measures" following the CAG’s intervention, I find myself returning to the same systemic problem I have been highlighting for years.

This is a classic case of an "Act of Omission"—a dereliction of duty by those responsible for delivering essential public services. We have "Product Liability Acts" for manufacturers, but where is the accountability for the state when its failure to deliver basic services results in potential harm to millions of citizens?

The Need for a Service Liability Act

I have long advocated for a Service Liability Act to address these "Crimes of Omissions." Unlike products, services are delivered throughout the day by government employees who are legally and constitutionally bound to provide them. When a railway station fails to provide safe water, it is not merely a bureaucratic hiccup; it is a failure of responsibility that carries real consequences for the health of citizens.

My proposed framework for this Act would move us beyond mere "corrective measures" or hollow reprimands. We need a system that defines accountability based on clear metrics of harm, negligence, and systemic indifference.

Framework for Accountability

In my earlier notes, I proposed a Service Liability Matrix to hold public servants accountable. The following table outlines how such a framework would assess incidents like the recent unsafe water report:

Criterion	Categorization	Application to Public Service Failure
Extent of Damage	Minor to Fatal	Assessing health risks from contaminated water.
Coverage	Individual to National	Determining if the failure affects one station or a network.
Time Frame	Short to Long Term	Analyzing how long the service failure persisted.
Cause of Failure	Negligence vs. Mala-fide	Distinguishing simple oversight from intentional neglect.
Economic Impact	Mild to Severe	Calculating the loss of earning capacity for affected citizens.

<br>

Moving From "Corrective Measures" to Liability

"Corrective measures" after a CAG report is simply the bare minimum. True reform requires the enactment of a Service Liability Act that prescribes specific punishments for dereliction of duty. If we do not make the act of omitting to perform one's duty as punishable as the act of committing a crime, we will continue to see these tragedies and service failures repeat indefinitely.

It is time we stop relying on the occasional audit to catch what should be standard service delivery. Accountability must be built into the DNA of public service.

</div>