On March 20, a passenger launch on the Munshiganj route from Narayanganj sank due to the collision of City group owned cargo ship Ruposhi-9 in the Kolaghat area of the Shitalakshya river. 32 people were killed in the "Morning Bird" launch sinking in the Buriganga river in 2020.
If we look at the developed world, where the number of accidents decreases with time, why is it happening over and over again in Bangladesh? One of the reasons for the increase in launch accidents is the incompetent and unfit drivers.
Inland waterways are managed by a subordinate body Bangladesh Inland Water Transport Corporation (BIWTC) of the Ministry of Shipping. It is the responsibility of the BIWTC to ensure the safety of the maritime route. Still, the question remains whether it is fulfilling its moral duties in this regard.
The primary responsibility of ensuring the safety of the waterways is the naval police, but there is a shortage of sufficient workforce.
The inquiry committee report was formed after each launch accident had been identified. Why are these matters not supervised? Advanced rescue equipment is needed to carry out post-accident rescue operations, but we do not have enough advanced equipment compared to the developed world, and the proper use of what we have cannot be ensured.
Two years ago, due to construction defects on the Buriganga II bridge, the rescue ship collided with the bridge and damaged it. The "Morning Bird" launch was later rescued using another method.
Worrying numbers
According to the annual report of the Bangladesh Jatri Kallyan Somiti (Passenger Welfare Association), a total of 311 people were killed, 578 injured, and 544 went missing in 182 accidents on the waterway.
Cases are usually filed under "Inland Shipping Ordinance, 1976," in case of a maritime accident. But the ordinance is repealed, and is therefore unusable now. Section 46 of the Inland Shipping Ordinance, 1976, establishes one or more courts for the trial of shipping offenses. There is only one Marine Court in the whole country, located in Dhaka. In fact, at present, 1,516 cases are pending in that court. But can this court do enough against so many issues?
As per section 56 of Inland Shipping Ordinance, 1976, it is mandatory to have a life-saving apparatus and fire-fighting equipment to prevent launch accidents; the sunken launch did not have such safety measures. This is a clear violation of that section.
On the other hand, according to section 33, a survey certificate is mandatory for navigating, but BIWTC fails to perform its duties properly in ensuring survey certificate. In addition to that, without being a member of the Insurance and Trust fund, it's prohibited to carry passengers by any launch under Section 58 (A).
It is clear that BIWTC is not fulfilling its responsibilities properly. According to this law, the maximum punishment for the offender is five years imprisonment and a fine of Tk10,000 under section 70. But in case of deaths due to intentional negligence, this is not punishment enough.
On the other hand, according to Section 105 of the Road Transport Act, 2018, there is a provision of imprisonment for five years or a fine of Tk5 lakh. However, the Inland Shipping Ordinance, 1976, provides comparatively fewer penalties and fines. In addition, Chapter 9 of the Road Transport Act, 2018, mentions forming a Board of Trustees to compensate and treat victims of road accidents.
But the existing legal framework does not ensure compensation in a maritime accident.
Therefore, BIWTC, along with the concerned ministry, should take necessary steps to ensure proper design, life-saving equipment, fitness, and avoidance of extra passenger transport to prevent accidents. Modernization of naval policy is urgently needed to avoid maritime accidents.
Above all, implementing the 20-point recommendation of the committee formed to investigate the launch accident on the Buriganga river is also urgent to prevent further accidents.
Other than these measures, an independent commission could be set up to give appropriate punishment to the perpetrators of maritime accidents, and to provide compensation to the families of the injured and the deceased.
Md Harisur Rohoman is a student of law and human rights.