When Abul Kalam’s life is worth 2.5 bhoris of gold

The price of per bhari gold has fallen by further Tk 1,000. As a result, the price of gold stood at Tk 207,957 per bhori on Monday. As such, one can buy around 2.4 bhoris of gold with Tk 500,000.

Abul Kalam, 35, was killed after being hit by a bearing pad which came loose from a pillar of metro rail near Farmgate station. He is survived by his wife and two children. The government has declared to compensate Abul Kalam’s wife Airin Akhter with Tk 500,000. In other words, the price of Abul Kalam’s life is equivalent to that of around 2.5 bhoris of gold.

Even though all forecasts indicate that gold prices will rise further by 2026. The current global rate is over US $4,000 per ounce. It could possibly reach $5,000. If that happens, the value of Abul Kalam’s life will drop even more. Then it will have to be said that the price of Abul Kalam’s life is less than two bhori of gold.

Let’s do a simple calculation. Abul Kalam is 35 years old. In Bangladesh, a working-age person can work up to 60 years of age. Assume Abul Kalam earned Tk 50,000 per month. If his income does not increase, over the remaining 25 years he could have earned Tk 15 million. If his income increased at 5 per cent per year, the total would be approximately Tk 23 million.

So, if this is the calculation, on what basis was the compensation fixed at Tk 500,000? It seems disproportionately low compared to his potential lifetime earnings.

Now the government could argue: if someone stands by the roadside having tea and something falls from above causing death, on what legal basis would compensation be given?

There is a provision in the country for compensation under the Domestic Violence Act. For this, there is the Public Demand Recovery Act, 1913. This is actually used in cases of collecting various government claims. If an accident occurs at a workplace, only then does the Labour Act apply.

Similarly, under the Fatal Accidents Act of 1855, if a person dies due to someone else’s negligence or mistake, a case for compensation can be filed in court on behalf of the deceased. However, in practice, such cases are very rarely seen. If this is the situation, what will happen to Abul Kalam? When his wife asked at the funeral, “Where will I stand with our two children?” What will be the answer?

Article 36 of the constitution of Bangladesh guarantees freedom of movement. It states, “Subject to any reasonable restrictions imposed by law in the interest of the public, every citizen shall have the right to move freely throughout Bangladesh, to reside and settle in any place therein, and to leave and re-enter Bangladesh.”

This is perhaps one of the most frequently violated provisions in the country. Because when you leave your home, there is no certainty that you will return safely at the end of the day. Death lurks at every step. Therefore, if citizens cannot move freely, the state must bear the responsibility for proper compensation. Article 102 of the constitution states that if citizens believe the state or any public authority has violated the constitution or their fundamental rights, they may file a writ petition with the High Court.

You must remember the case of Russel Sarkar. He used to drive a rented car for a company. On 28 April 2018, while returning to Dhaka from Keraniganj, he lost his leg after being run over by a Green Line Paribahan bus on the Hanif Flyover in Jatrabari. That same year, a Supreme Court lawyer filed a writ petition with the High Court seeking compensation. After fighting the case for three years, Russel finally received Tk 3.3 million in compensation. So, there is a precedent.

The example of Russel Sarkar has already been mentioned. There are a few more such instances of compensation being awarded. The court had termed the death of a child named Jihad, who fell into an open pipe in Shahjahanpur, as a case of culpable homicide, and Tk 2 million had to be paid as compensation. In 2017, a 45-year-old man named Shanu Mia died after falling into an open manhole of WASA. Following a court order, WASA paid Tk 5 million in compensation.

Those of us who regularly travel by metro rail cannot help but think of Abul Kalam whenever we arrive at Farmgate station. But the state bears an even greater responsibility. It failed to ensure a citizen’s right to free movement. Now it must provide proper compensation. No one should have to file a writ petition for that.