The Madras High Court disposed of a Public Interest Litigation (PIL) filed seeking direction to the Respondents to prevent the accidental death of drowning in the water bodies in the State by taking all necessary steps of the water bodies like Tanks, Ponds, Creeks, Rivers, Beaches, Swimming pools and by putting up the danger signs at several places and at the vantage points about the depth of water bodies concerned with history of death.
The High Court, during the course of hearing, expanded the scope of the petition and covered the water bodies near the temples.
C.Kanagaraj , counsel for the petitioner submits that the anxiety of the petitioner is that casualties take place in water bodies and no safeguards are provided by the Government and the HR & CE Department. In case proper safety and security measures are provided, the casualties could be avoided.
Time to time, the Court called for status reports from the HR & CE Department and the State Government and they were placed on record.
The HR & CE Department has placed on record the status report with regard to different temples i.e. large temples, and the steps taken therein.
It is stated that during festival times, in these large temples, round the clock a fibre boat with swimmers is engaged for the rescue of the devotees who take bath in the sea. Sufficient number of watchtowers are provided with police and fire personnel to check that the devotees, who take bath, do not go deep inside the sea. Swimmers are provided with lifebuoys to rescue the devotees who are in danger.
“The aforesaid measures are taken in some of the large temples. However, in the large temples, a large number of devotees visit round the year. So this measure should be provided round the year”, the Division Bench of Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy observed.
In respect of Rameshwaram temple, it is stated that there are 22 theertham wells inside the temple. The devotees want water to be sprinkled and the devotees are not allowed to enter into the wells. As far as the seashore is concerned, the water level is up to the hip. A watch tower and two high-mast lights were built by the Municipality to watch the pilgrims who take bath in the sea. The Municipality personnel were employed to ensure the safety of the pilgrims.
Further the Court observed that the respondent authorities may consider engaging experts such as security guards and other personnel who would be available to rescue the devotees in danger. The said measure may be adopted in all the major temples situated near the seashores.
The State Government has also filed the status reports from time to time detailing the steps undertaken in respect of various temples.
The HR & CE Department in case of temples and the State authorities in respect of water bodies shall ensure that preventive measures are undertaken to prevent accidental deaths in the water bodies. The State authorities would put caution boards and warning signs at the required places on the riverside, seashores and waterbodies. Near the water bodies necessary precautionary measures shall be taken so that persons do not enter into the water bodies. An emergency operating centre can also be made available. Similarly, the Government can consider making available the swimming expert rescue teams round the clock in the sensitive tourism places of temple ponds, waterfalls and beaches , directed by the High Court.
The Court hopes and trusts that the State and its authorities would stricto sensu adhere to the aforesaid aspects in letter and spirit.
It is submitted that the petitioner has given suggestions. The State Government may consider the feasibility to implement the same, the Court observed.