This Article is From Aug 21, 2015

Murder by Willful Negligence Needs New Law, Says Uphaar Victims' Mother

Neelam Krishnamoorthy, who lost two of her children in Uphaar tragedy, has been fighting for justice for last 18 years

New Delhi: A grieving mother who spearheaded the Uphaar victims' fight for justice has met Congress President Sonia Gandhi, then law minister Veerappa Moily and is now waiting to meet the current law minister, DV Sadananda Gowda. Her plea: Don't let what happened to my children happen to others.

Eighteen years ago, Neelam Krishnamoorthy's two children were among the 59 people who had died in the devastating fire at Uphaar, the cinema hall in South Delhi.

Virtually every safety rule had been broken at the hall -- routes to fire exits had been blocked to plant extra seats - so when the fire started, the hall turned a death trap. Most died of asphyxiation, around a 100 were injured in the stampede.  

The families had mooted the idea of bringing in a new law six years ago to tackle such man-made tragedies. The Section 304A of the Indian Penal Code - causing death by negligence -- under which the builders of the hall, Sushil and Gopal Ansal, had been found guilty, is inadequate, they contend.

But it still remains a dream.

On Wednesday, the Supreme Court ruled that the Ansal brothers will not be jailed, instead, they will pay a fine of Rs 60 crore. The current law involves a fine and a two-year jail term.

"They may call it negligence but I call it murder by willful negligence," said Mrs Krishnamoorthy, President of the Association for Victims of Uphaar Tragedy, who has been spearheading the fight for all these years.

"I would like them to move forward and ensure that they bring in a law... so the courts just don't award punitive damages and let them buy their freedom at Rs. 60 crore," she added.

In 2012, the law commission, then headed by Justice Reddy, said in its consultation paper that man-made disasters should factor in three aspects: preventive, punitive and remedial measures. It also suggested changes to the IPC and Cinematograph Act to make them more stringent.

The law commission is expected to release its final report soon.  

Asked if the government is considering bringing in a new legislation, Union minister Ravi Shankar Prasad said: "We still have to study the judgment. Once that comes in, the government will be able to give its view."
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