Child Safety Call: Parents Battle for Justice After Son’s Tragic Fall

Child Safety Ignored? Boy’s Tragic Fall Raises Alarm

The tragic fall of Ashray Bhatia from a residential complex in New Friends Colony, Delhi, has left his family in an unending battle for justice. Once a lively and energetic young boy, Ashray’s life was forever altered on March 1, 2018, when he fell from the third floor to the basement of his building. His parents, who were not in the country at the time, have been fighting for answers ever since.

Parents Demand Investigation into Child’s Near-Fatal Fall

According to Ashray’s father, Sunny Bhatia, his son was taken to the terrace by the landlord’s children for a balloon fight. “When he stood on a bucket of water to cross the terrace, he was hit by a balloon, lost balance, and fell,” he recalled. But what makes this case even more troubling, he said, is the open ventilation shaft that had been left dangerously exposed. “Even if we assume it was an accident, why was there a completely open shaft from the third floor to the basement, with steel bars and sewage pipes?”

The Bhatias allege that the authorities have been negligent in handling the case. “At least file an FIR. At least give him the respect of investigation,” Bhatia demanded. He questioned why crucial evidence, such as blood samples, biometric data, and photographs from the scene, was not preserved. “If this can happen in South Delhi, in a city like Delhi, where the New Friends Colony police station claims they have lost all documents, what does it say about our system?”

Child Safety Call: Negligence or Oversight?

The family argues that Ashray’s fall could have been prevented had the ventilation shaft been properly covered by a metal grille. "The police, under the direction of Joint Commissioner Meenu Chaudhary, had issued a notice to the Municipal Corporation of Delhi (MCD) to clarify building regulations on shafts but nothing came out of this exercise. Every building has a ventilation shaft. Isn’t it the duty of the building owners to ensure it is safely covered?” Bhatia asked.

A court order from the Saket District Court in 2024 had acknowledged the gravity of the incident. “The child did fall down from a significant height with the loose plastic sheet covering the shaft, as a result of which the fall proved near fatal, At best, an offience punishable under Section 338 IPC is found to be made out on the basis of the complaint," the ruling noted. However, legal technicalities have complicated the case. The court deemed the case as time-barred as the complaint was not filed in time. Ashray's parents told The Probe that it was only in 2023 that they discovered alleged foul play in his fall and that was the reason for the delay in filing the case. Determined not to give up, Ashray’s parents have now filed a revision petition, urging the court to order the registration of an FIR.

Government Intervention and Legal Roadblocks

In a significant move on January 9, 2024, the Union Ministry of Women and Child Development directed its Delhi counterpart to look into the matter. Acting on this, the Delhi Child Welfare Committee (CWC) obtained all relevant documents from Ashray’s family and reviewed their statements. Following its inquiry, the CWC instructed the Juvenile Justice Board (JJB-1) to file an FIR in the case. However, despite the directive, the FIR remained unregistered.

“When the Juvenile Justice Board-1 in Delhi first took up the matter, the judge summoned the SHO of New Friends Colony Police Station and issued a show cause notice, questioning why an FIR was not filed in a case involving a cognizable offence,” said Ashray’s father.

On March 5, 2024, the Juvenile Justice Board demanded answers from the police—why was no FIR ever registered despite the clear legal provisions? The police responded with a familiar argument: the case was time-barred. Then, on March 22, the Board distanced itself from the case, advising Ashray’s parents to approach the courts instead. Since then, the family has been running from pillar to post, seeking justice for their son.

“A 11-year-old boy falls four floors, his child safety is compromised, suffers severe head injuries, slips into a coma, and remains on ventilator support—is this not reason enough for the police to register an FIR?” questioned Bhatia.

With legal avenues stalling, the Bhatia family turned to the country’s highest authority. On February 20, 2024, they wrote to the President of India, detailing their ordeal. In response, the Rashtrapati Bhavan issued a directive through its Under Secretary, instructing the Home Secretary of India to take action. 

Despite these directives, bureaucratic hurdles persisted. “The Home Secretary, in turn, sent multiple letters to the Commissioner of Police, seeking an explanation for the inaction. The Commissioner of Police assured me that if a cognizable offence had occurred, an FIR would be registered irrespective of time delay,” said Bhatia. “Yet, senior officials within the Delhi Police continue to shield the alleged perpetrators, blocking any real progress in our fight for justice.”

Ashray's case has once again raised concerns over child safety in India, highlighting gaps in the legal system that allow critical cases to be dismissed on technicalities.

Landlord’s Stand: No Legal Obligation to Cover Open Shafts

In pursuit of answers, The Probe reached out to the the landlord of the building in New Friends Colony. Speaking to us, Munish Mahajan, the landlord, recounted his version of events.

“In 2018, his sister gave a statement that Ashray was playing Holi with other children on the terrace. He was trying to throw a balloon when he used a bucket to climb the platform. He lost balance and fell into the shaft,” Munish claimed.

But when we questioned him about the open shaft, why it had been left uncovered, and whether any safety measures had been considered, his response was unexpected. He asserted that there was no legal requirement mandating the covering of ventilation shafts.

“The shaft cannot be covered, or else air circulation would be blocked,” Munish said when pressed further. When asked whether regulations mandated protective grills, he dismissed the notion. “I have an MCD-sanctioned plan, and later, I did install one, but there was no legal requirement to do so,” he stated.

Munish’s brother, Amit Mahajan, echoed the same stance. “There is no such requirement. If you show me proof, I’ll believe it. The building was constructed as per the sanctioned plan,” Amit said, adding that Ashray’s father, Sunny Bhatia, had filed false allegations against them.

“He filed baseless accusations, so we took him to court. A defamation case was filed, and he even gave an undertaking not to make slanderous statements against us. The court’s ruling has already cleared us,” Amit insisted.

A Change in Stance

During our conversation, Amit Mahajan assured us that he would provide legal documents proving their innocence and also stated that he was happy to answer all our questions. However, when we followed up, their response shifted. Instead of sending the documents, they directed us to send our queries via email.

When we did, their lawyer responded instead, stating that the matter was sub judice, and sharing details would be a ‘conceivably contemptuous act'.

Police Response: FIR Denied Due to Delay

Seeking more clarity, we reached out to the SHO of New Friends Colony Police Station, Rajendra Kumar Jain, to understand why an FIR was never registered. The SHO stated: "The case became time-barred. The parents started their complaint in 2023; by then, it had become time-barred. If they had pursued it in 2018, it could have been registered. Even the court refused it, saying it was time-barred."

Missing Records and Troubling Discrepancies

Records from Fortis Escorts Hospital, where Ashray was taken after his fall, show that a medico-legal case (MLC) was filed on March 1, 2018. The hospital classified Ashray’s injuries as ‘dangerous’, yet no investigation followed.

Then came another shocking discovery. Upon reviewing police records from the day of the incident, The Probe found a critical error in the General Diary entry—the landlord was incorrectly listed as Ashray’s uncle.

"The police has even stated that they lost all the records pertaining to the case in 2018. How is this possible?" Ashray's father asked. 

"Today, Ashray remains in a vegetative state, diagnosed with a Grade-3 brain injury—a condition that doctors say has no cure. As per the doctors in India, the only thing we can do is provide quality medical support and physiotherapy. We are not fighting only for Ashray today. This is a fight for better child safety regulations. We want to fight for other children who could suffer the same fate due to such dangerously open shafts," asserted Bhatia. 

Ashray's case once again raises critical questions about building safety regulations in India. Shouldn’t there be a mandatory legal requirement to cover open shafts in residential complexes? Ashray’s accident, like many others, was preventable. Yet, such hazards remain unchecked, leading to tragedies that could easily be averted. Advocates argue that stricter regulations—and harsher consequences for violations—are necessary to prevent similar incidents in the future.

For now, Ashray remains motionless, his childhood and future stolen by a single moment of negligence. But his father refuses to give up. He says the fight for an FIR, better child safety and building safety regulations will go on. All Ashray’s family wants is an investigation—answers to what really happened on that fateful day. They are not seeking revenge, only the truth. A truth that could finally bring them the closure they so desperately need.