Perfunctory punishment for ferry accident deaths
A total of 110 persons died when the ferry Nasrin-1 sunk at the mouth of rivers Meghna and Dakatia in Chandpur. And 199 passengers were lost in the accident. The vessel sunk when it was caught up in a whirlpool on July 8, 2003. The owner and the captain of the ferry both died in the accident.
The two members of the design supervisor panel of the ferry were fined Tk 100 thousand each or one year's imprisonment, in accordance to the Inland Shipping Ordinance 1976. The ordinance held one year imprisonment as the maximum sentence. This was later increased to five years in the 2005 amendment of the law. The fine was increased from Tk 100 thousand to Tk 500 thousand.
Concerned persons say that such punishment is totally inadequate in comparison to the deaths that occur in launch accidents. They say certain clauses in the law should be amended in order to prevent repetition of such accidents.
However, the proposal for further amendments, submitted by the Department of Shipping, has been lying with the Shipping Ministry for the past two years. A couple of meetings have been held in this regard.
Chief Engineer of the department, AKM Fakhrul Islam, tells Prothom Alo, certain clauses of the law were amended in 2005. The proposal for further amendments is being processed by the Shipping Ministry.
From 1990 till date, 392 inquiries have been carried out regarding various accidents on the river. Of the 308 cases filed in this regard, the concerned court has handed down 265 sentences. And 575 cases were filed last year due to faults in the vessels revealed during inspections, and 375 of these cases were settled. This year 260 such cases have been filed so far, with 206 being settled.
In April 2002 the launch MV Salahuddin-2 capsized in a storm at Satnal on Dhaka-Bhola route of River Meghna. Over 350 people died in the accident. The responsible persons were sentenced in accordance to the law. Five members of the launch owner's family were fined Tk 100 thousand each and others were given three-year prison sentences.
In the latest launch accident of Pinak-6, a criminal case was filed with the Louhajang police station at Munshiganj. A senior police officer says that normally such cases are filed with the shipping court, but civil and criminal cases can also be filed in this regard.
As to why the case following the Pinak-6 accident was filed with the Louhajang police, Bangladesh Inland Water Transport Authority (BIWTA) Chairman Shamsuddoha Khandakar tells Prothom Alo, "Those responsible for operating the launch took on more passengers than the vessel's capacity. This is why the accident occurred. It is a criminal matter and that is why we have filed the case at the local police station."
Clauses: Article 55 of the Inland Shipping Ordinance maintains that voyage during storm signal is prohibited. Due to violation of this clause, the master of the vessel is liable to a maximum three-year prison sentence or a fine up till Tk 30 thousand.
Article 70 maintains that if the accident occurs due to the incompetence of misconduct of the owner, master or any officer or crew of the vessel, they will be liable to a maximum sentence of five years or Tk 100 thousand fine.
Professor Khabirul Huq Chowdhury of Bangladesh Engineering University, however, is unwilling to call it an accident if the mishap occurs due to faults in the design, structure or operations. He says that if all pre-requisites are fulfilled and then the mishap occurs, only then can it be called an accident. He says that there were faults in the building of Nasrin-1 and it can't be called an accident. The punishment given in the law for ferry accidents is inadequate. This must be amended.
Supreme Court lawyer Dr Shahdeen Malik says that more attention needs to be paid to the matter of compensation. He says that in criminal cases there is need for proof beyond doubt, but this is not needed in the case of compensation cases. He says that if anyone dies in an accidents, compensation can be sought in accordance to the Fatal Accident Act of 1885.