Launch owners do not give a damn about laws

Even after recurrent tragic launch accidents involving deaths of hundreds of innocent lives, launch owners continue to pay no attention to the security and safety of passengers.

In most such passenger-carrying water vessel accidents, owners have always been able to escape through the loopholes of legal provisions, much to the frustration of the victims.

After each accident the gun is pointed at the masters (drivers) and the supervisors whereas the money generated at the cost of hundreds of innocent lives go to the pockets of the owners.

As per the marine law of Inland Shipping Ordinance (ISO) 1976, if direct involvement of the launch owners are found in accidents, the punishment will be only five years of imprisonment, Tk1 lakh penalty and a payment of Tk5 lakh as compensation.

However, following most such accidents, owners have always evaded strict punitive measures and had been able to get off easily by only paying the fine, sources at marine court said.

As there is no strict provision for penalising the owners, they have always defied the laws, sources in Bangladesh Inland Water Transport Authority (BIWTA) alleged.

They also said such defiance of law by the owners has claimed lives of around 4,500 people over the last 38 years.

The BIWTA sources said around 1,600 small and large-scale marine accidents had happened since 2001. At least 1,000 launches sank during this period killing over thousands while the estimated loss in those accidents have crossed the Tk400 crore mark.

In the last two decades, 392 of such accidents have happened which claimed 3,567 lives while the bodies of 401 others have not been found during all these years, according to information provided by the Department of Shipping.

As per Inland Shipping Ordinance, the marine court mainly conducts the trial based on probe report submitted by the Department of Shipping.

The launch owners try to manipulate the probe report by influencing the probe officials, sources added.

Due to the manipulation, most probe reports blame bad weather, heavy wave in river and natural disaster as the reasons of such accident rather than identifying the culprits.

When the owners fail to escape through the loopholes, the responsibility gets handed to the launch staff, though the number is very few, sources added.

Meanwhile, absence of witnesses has been a key role in helping the owners escape justice.

“Even the owners sometimes threaten to go for strike if punitive actions are handed to them,” an official of the court said.

The Marine Court sources said around 308 cases were filed with the court between 1990 and 2014. These cases were mainly filed for violation of rule, carrying excess passengers, and repairing launch without following proper design.

At present, 46 cases are under trial and the accused were released from charges in 49 other cases. In the rest of the cases, the court has given imprisonment or penalty to guilty persons.

Verdicts were given only on the cases filed before 2006 while only 38 cases filed after 2006 were settled and the rest are now under trial.

Parvin Sultana, prosecutor of marine court, told the Dhaka Tribune that the owners will only be punished if they are found directly involved in the incidents.

“If their direct involvement is not proved, they will not be liable under the legal sections,” she said.

Fakrul Islam, chief engineer of the Department of Shipping, told the Dhaka Tribune that they had proposed a 10-year imprisonment to create awareness among the owners and the drivers of water vessels, but the owners have opposed the move.

“Later, the ISO was amended keeping a five-year punishment as per a recommendation made by the Ministry of Law,” Fakrul added.

Talking to the Dhaka Tribune, Director General of Department of Shipping Zakiur Rahman Bhuiyan said the launch owners definitely hold the responsibility for the accidents.

However, the launch owners association has refused to accept such allegation.

Sahabuddin Milon, former vice-president of Bangladesh Inland Waterways (passenger carrier’s) Association, told the Dhaka Tribune that the owners were responsible for accidents as it was them who were to ensure life safety equipment inside the vessel.

“A water vessel owner gets operational permission only after completing the requirements,” he said.

“If the launch owner takes the responsibility to count passengers at the ports, what would be the duty of the port officials?” Milon questioned.

He also claimed that the investigation officials from the probe bodies harass the owners illegally after all such accidents.

Echoing Milon’s statement, the association President Mahabub Uddin Ahmed told the Dhaka Tribune that the owners were not responsible for overseeing all the activities as they get certificates after fulfilling all the requirements made by the relevant authorities.