Netflix India recently released a series on Uphaar Tragedy that happened 25 years ago in Delhi. It is regarded as one of the most horrific events to have taken place in our country that resulted in death of 59 people. The Netflix series brought back the wounds of that doomsday and the delay in justice which experts believe, made the award redundant in the end. So where do we stand as a society now in 2023? What changes have happened in the law and what we as a society need to do to ensure that our children don’t have to endure what parents of many other children had to bear in 1997?
While it is notoriously common to hear of the Indian Judicial system elongating cases and their hearings for years on end, the derailing and postponing of justice for cases such as the Uphaar Cinema Fire of 1997 become a cause of concern not just for the victims and their families but for the larger ethos of justice in India.
The timeline of the Uphaar tragedy case raises questions such as who is to take moral and legal responsibility for technical negligence? Can human lives by compensated by corporations? Should corporate power translate to judicial power for influential individuals? Most Importantly, are equality and justice ideals that are competently upheld in Indian Courts?
With so Many Questions in Mind, Let's start from the Beginning.
On the evening of 13th June 1997, a tragic event altered the lives of many and set the country in chaos due to the sheer devastating nature of the mishap. A fire broke out in Delhi’s Uphaar Cinema during the screening of the Bollywood movie “Border” in which 59 people died of asphyxia and over 100 were injured in the stampede that followed it. The distraught brought upon the victims and subsequently, the families of the victims left a permanent mark on the newly globalized mindset of the city.
In 2023, Netflix released a show mapping the event and the aftermath of the tragedy of the Uphaar Cinema called Trial By Fire. In the span of the 7 episodes, the emotional turmoil of the families of the victims, their unionization to demand justice, and the legal back and forths of the case filed against the owner of the cinemas are explored. While it does not present itself as a documentary, it offers a play-by-play of the long-drawn attempt of The Association of Victims of Uphaar Fire Tragedy (AVUT) to seek justice for the deceased.
The Negligence
While initially, there was a declaration that the uphaar tragedy event was an unfortunate accident caused by a technical mishap for which no one could be blamed. The owners of the cinema, the Ansals, were huge industrialists in the 1990s and owned many malls and residential projects. The responsibility was ultimately and rightfully brought upon them on the account of technical negligence rather than an unfortunate accident. An important detail highlighted in the show to shed light on the onus on the builders was the fact that the majority of people that suffered a brutal death were all seated on the balcony of the hall. It was later discovered that the doors to the balcony were locked from the outside to prevent people who attempted to enter without a ticket. This decision of the cinema authorities was hidden deliberately to veil the obvious safety violations posed by it. He locked doors were what prevented the people from escaping the hall and saving themselves.
Apart from the immediate threat to life caused by management decisions like locking the doors, there were numerous cases of negligence that the court took into account while processing the legal case filed against the Cinema Owners. These were the absence of a public announcement system to warn the people about the fire and the absence of emergency exit lights which resulted in the cinema hall being pitch black when the fire broke out. There were also additional seats were unauthorized installed in the hall to reap more profits from each screening along with the wrongful installation of a DVA transformer in violation of the Indian Electricity Rules which caused the fire to start. Due to a lack of periodic maintenance and fire extinguishers.
The Courtroom Drama That Never Ended
The process of the families of the victims of the Uphaar Tragedy coming together and embarking on a legal battle against the Ansals, similar to how it was displayed in Trial By Fire, was a public revolt that symbolized not just resilience and rising above your grief to fight for the ones you love but also the movement of justice and ensuring holding those accountable who retain a frivolous attitude towards fair conduct and hyper fixation on profit making.
Affected families of the fire came together to form the Association of Victims of Uphaar Fire Tragedy (AVUT) and file the landmark civil compensation case against the owners of the cinema.
Initially, the investigation held the cinema management responsible for the fire but eventually, the probe was transferred to the Central Bureau of Investigation (CBI) due to pressure from the victims’ families. This action resulted in a chargesheet being filed against 16 accused including the Ansal brothers, Sushil and Gopal Ansal for causing death by negligence according to the Cinematography Act of 1952.
This was the seed that was sown in a certain kind of anticipation and hopefulness that it would result in a prompt legal process by the court to bring those accountable to justice. However, after the case was filed, the file of Uphaar Tragedy never left the four walls of the Delhi Courts for the next 24 years. The Ansals were put being bars with a hefty fine being imposed upon them multiple times but it was fairly easy for them to get out on bail again and again.
In many instances, like letting the brothers walk free after paying an Rs. 30 crore fine or reducing sentences from 2 years to 1 year, the instability and inconsistency of the legal proceeding were exposed. Amongst disagreements between judges on the sentence to be given or postponement of the trial hearing to months later, the Ansal brothers advantageously walked in and out of jails and never felt the weight of their negligence legally until 2021. After, numerous back and forths the Delhi court awarded a seven-year sentence along with an Rs. 2.5 crore fine to both Sushil and Gopal Ansal on the account of tampering with evidence.
Conclusion
The tragedy of the Uphaar fire not only left a void in the lives of the families that lost their loved ones, but also created a wound for the thousands of people who witnessed the journey that families of victims had to go through. There are moments in the netflix show that will make you feel angry and helpless at the same time. This incident is not merely an example to be cited when technical negligences and management mishaps are talked about but it is a real horror story that affected real people for years to come.
Uphaar Tragedy spoke volumes about the state of our justice system and how the economically privileged who enjoy authority can get away with nearly anything. A 24-year-long battle was fought by the middle class of Delhi against not just against a company and its owners, but also against unchecked power and those who exploit it. The story of the Uphaar Tragedy also portrays how grief can not only be crushing and paralysing, but also can act as an entity that is capable of fueling the need for justice and action. It, therefore, becomes imperative to consider the takeaways of one of the most horrific devastations of the 90s in Delhi.
One of them is the strength of the public and their ability to unite to hold those accountable who exploit their ever-flowing capital and power. The second is the evaluation of how much power and capital should be levied on big corporations and businessmen who ultimately hold the fate of thousands in their hands via owning infrastructure and the numerous public spaces we occupy. While the proceeding stretched for longer than anticipated, the judicial system did not fail to make the right decisions over the years holding the brother accountable. After navigating endless red tape, the courts managed to detain the owners without the scope of bail like multiple times before.
It goes without saying that pain was equally suffered by the relatives of the victims. Yes, measures have been taken by government by issuing guidelines that ensure that cinema owners abide by the safety norms, and chances of mishap in big cities like Delhi are less. But there is still a huge chunk of cinema goers that visit single screen theatres in remote towns and we can just hope that they are complying with the said “rules” that are supposed to prevent another Uphaar tragedy.
There can be no peace without justice, says Neelam Krishnamoorthy in her interview with Quint. I would leave you with that video:
About the Author
Mannat is a student of Philosophy at Lady Shri Ram College for Women, Delhi University. She enjoys reading and discovering new ideas and ways of approaching her academic interests. With a knack for being restless, often indecisive but at the same time, passionate, she is always ready to take up new endeavors to challenge herself. Shifting from Jstor articles to movies on her Chrome tabs, she hopes to write more and open new pathways for learning of all sorts.
