ITANAGAR, 28 Aug: The Arunachal Pradesh State Human Rights Commission (APSHRC) has directed the state government to pay a compensation of Rs 3 lakh to the next of kin of late Bamang Tach, who died on 3 August, 2023, due to electrocution in Kamle district.

Tach, a daily wage worker, died after coming into contact with an unattended and sagging live 11 kV transmission line near Pakrijo/Bus Camp in Boasimla, while carrying GI pipes for a Jal Jeevan Mission project.

While disposing of Case No AR/SHRC/Case/9/2024, pursuant to its judgment dated 26 June, 2026, the single bench of the APSHRC, Chairperson Bamang Tago, held the Department of Power (Electrical), Raga Division, guilty of violating the right to life under Article 21 of the Constitution.

The deceased's son Bamang Rikam approached the commission after the department failed to respond to his request for compensation.

Police had registered an unnatural death case (No 01/2023) and found no foul play. Medical records initially certified death due to 'cardiopulmonary arrest due to electrocution', though a later postmortem report recorded a different cause.

The commission observed that the death of Tach occurred as a direct consequence of the negligent omission of the authorities concerned to ensure adequate maintenance and safety of the energised transmission line.

"Such omission constitutes an infringement of the deceased's fundamental right to life guaranteed under Article 21 of the Constitution of India and amounts to a violation of human rights with the meaning of the Protection of Human Rights Act, 1993," Tago observed.

The commission directed the state government to pay the amount to Bamang Rikam, the next of kin of late Bamang Tach, through the Department of Power within a period of four months from the date of receipt of the order.

It further directed the department to formulate and implement a standard operating procedure for maintenance of high-voltage transmission lines, incorporating mandatory provisions relating to periodic inspections, hazard assessment, warning signage, barricading, vegetation clearance, temporary shutdowns during hazardous works, and emergency response mechanism to prevent recurrence of similar incidents.

The commission directed the chief secretary to ensure that all departments dealing with hazardous public utilities evolve inter-departmental safety protocols to protect labourers and the public working near energised electrical infrastructure.

The chief secretary has also been directed to submit an action taken report to the commission within the prescribed period.

Advocate Ebo Mili, appearing as counsel for the complainant, strongly argued that the authorities cannot escape liability merely because the deceased came into contact with the live line while carrying a metallic pipe. He emphasised the continuing duty of care owed by authorities managing hazardous electrical infrastructure, especially where risk to workers is foreseeable.

Relying on the Supreme Court decisions in Nilabati Behera vs State of Orissa (1993) and Tamil Nadu Electricity Board vs Sumathi (2000), Mili contended that monetary compensation under public law is an appropriate remedy for violation of the right to life under Article 21, and that electricity authorities bear a heightened responsibility.

Mili also placed the complainant's affidavit-in-opposition rebutting the department's stand. The commission noted that these submissions significantly influenced its findings on liability and compensation.

While an earlier departmental inquiry denied any leakage or safety lapse, a subsequent official communication admitted that the transmission line had sagged and that current leakage existed. No precautionary measures - such as warning signs, barricades, temporary power shutdown, insulation or supervision - had been taken despite ongoing labour activity involving long metallic pipes beneath the live line.

Prior requests by local villagers to rectify the hazardous line had also been ignored. The medical officer later clarified on oath that the inconsistent postmortem finding was an inadvertent error, and reaffirmed electrocution as the cause of death.

The commission observed that preventive safety measures for hazardous public utilities are constitutional imperatives under Article 21 and not matters of administrative discretion.

Advocate Mili, who is also the chairperson of the North East Human Rights, has written to the chief secretary to issue prompt instructions to the Department of Power to ensure timely release of the compensation to the next of kin of the deceased.