Although unintended, the death of Jihad is basically a “murder.” Unfortunately, punishment for this kind of murder is minimum, and the law does not consider it a homicide. It falls under the section of “causing death by negligence.”
The related Section 304A of the Bangladesh Penal Code reads: “Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to [five] years, or with a fine, or with both.”
The main responsibilities for the death go to the officials concerned and employees of Bangladesh Railway as well as the contractors who had kept open the pipe with enough space to swallow a human body.
Dhaka Wasa is not the first party here, as these kinds of pumps are considered to be “private.” Still, they cannot avoid their responsibilities as they are the ultimate monitoring authority.
Yes, we heard that the engineer has been suspended, and the contracting house blacklisted. If the state initiates a criminal case, or Jihad’s parents take legal action, the responsible people can be brought to book, although the punishment is at best five years’ imprisonment, or a fine, or both.
Compared to such a death due to negligence, the punishment is quite insignificant. Still, some punishment will send a message of warning to all to avoid such heartbreaking accidental murders in future. Who does not know that Bangladesh, especially its capital city, is full of deathtraps?
Unfortunately, Jihad had stepped into one such trap to become a victim of the irresponsibility of institutions in a country heading towards achieving MDGs one after another. However, the lack of responsibility was not only exhibited by the pump operators.
Such irresponsible acts were seen since the rescue operation began for Jihad, and the stupidity continued till the abrupt suspension of the recovery operation. From ordinary people to state minister for home affairs – none are outside the long list. Remember the live telecast – the footage makes the place seem as though it was a fish market.
The area of the rescue operation was not cordoned off. Hundreds of enthusiastic people gathered, police were seemingly spectators, and television reporters were giving live commentaries without authentic sources.
There was no spokesman from the rescuers to give the actual picture. In fact, visibly, they were not sure what they were going to do. Politicians also thronged the place, though nobody knew what their business there was.
Some drama also took place behind the scenes. An intelligence agency tried to convince people that the incident “might have been a rumour.” The state minister for home was convinced. He also expressed similar doubt, prompting his police forces to pick up Jihad’s father for interrogation.
The poor father was kept in custody for 12 long hours during this time of sorrow and agony. He was threatened to be handed over to RAB, to whom he will be compelled to disclose where he hid his son (obviously following the application of third degree treatment or threats of crossfire or encounter).
The so-called intelligence gathering and the statement by the home minister encouraged the fire brigade to give up, and they eventually abandoned the operation in the name of suspension.
Finally, the body of Jihad was recovered by volunteers, just 10 minutes after the fire brigade officially withheld their drive.
Several things surfaced from the tragic incident
That even after the Rana Plaza tragedy, our firefighters are still not prepared for any accident (it can’t be an excuse that this kind of incident took place for the first time, it’s their duty to face any disaster). That our law enforcers, despite a very good track record of chasing opposition activists, do not know how to make a place of occurrence trouble-free for a rescue or recovery operation. That volunteers are always welcomed in facing a disaster, but our ordinary people do not know they have nothing to do in a situation like this. Rather, crowds create trouble for the rescuers. That even after the Pilkhana tragedy, our government machinery did not prepare themselves for media management during a crisis. That our media is still lacking in covering a crisis.All of these point to one common understanding that from rescuers to the government’s top brasses, from policemen to media personnel, there is a lack in proper planning for crisis management.
Jihad is no more. He can simply laugh at us from the other world for our irresponsibility, ignorance, craziness, and cruelty. But the government machinery and its officials have many things to learn.
Media should also take some lessons. But at the end of the day, only punishment for Jihad’s “killers” can check such tragedies in the future. We know deathtraps are not very far from our own doorsteps.
Before we fall prey to those traps
May we demand a North Korea-style firing squad for those who had kept the pipe open, ensuring the death of baby Jihad? May we demand exemplary punishment to those police officials who had kept Jihad’s father in custody for 12 hours during the worst time of his life? May we demand the resignation of the state minister for home affairs who made an irresponsible statement saying the incident of Jihad going missing “might have been a rumour,” leading his policemen to take Jihad’s father into custody? May we demand action against the intelligence agency who had predicted that the “incident might have been a rumour,” provoking the state minister to make such a statement, leading Jihad’s father being lead into custody? May we demand action against the fire brigade who not only failed in this case despite their successes in the past, but also abruptly suspended the rescue or recovery operation?But, a standing ovation is in order for the creative youths who could at least recover the body of Jihad for the last kisses and glimpses by Jihad’s mother and father.
