laws need to be updated to handle man-made disasters

7/27/2019 Laws Need to Be Updated to Handle Man-made Disasters

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adequate fire control equipment on the premises and emergency evacuation plans. The storage of combustible

materials without even enclosing them with fire-proof walls/partition aggravates the problem. The escape of

poisonous gases has a terrible impact on the safety and health of those living in the vicinity. There is no periodic

inspection by the technical personnel of the government/local bodies at the time of and after issuing/renewing

licences and certificates.

Fire incidents are mostly caused by electric short-circuits compounded by the lack of (a) requisite obstruction-free

exit points, (b) emergency lights and sign posts (c) sound system to relay the message, (d) space constraints and

effective operation of firefighting vehicles and non-availability of water for combating fire, (e) lack of smoke

detectors, fire alarm, fire extinguishers and fire drills let the fire take its own course. Fire extinguishers are seldom

found at such places. Even if firefighting kits and extinguishers exist, people are not aware about how to use/operate

them in case of emergency. Adequate training is not imparted to the staff and occupants.

The people congregate in large numbers in commercial complexes such as cinema halls, multiplexes, function halls,

shopping malls, hotels, educational institutions, auditoriums and multistoreyed residential complexes. But at the

time of granting the building permission or giving the licence for occupation or renewal of it, the engineering staff,

the fire service personnel and the electrical inspectors do not take the necessary care and ensure that the building is

structurally sound and safe, that adequate exit points free from obstructions do exist for safe passage in case ofemergency, that the sound and warning systems are functional, proper equipment is in place to prevent and control

the fire, combustible materials and inflammable debris are not kept in the building close to the places of a potential

fire outbreak, the electrical installations and connections including wiring are not exposed to the risk of short-circuit.

The accountability is a key factor in enforcement of laws for prevention and control of manmade disasters. The

principle of accountability applies both to officials at the regulatory department as well as those in charge of

management or entrusted with the duties related to safety measures.

Gross dereliction of duties on the part of the officials and casual and careless attitude towards duties should be

deemed as punishable offences. For instance, if an unauthorised construction goes on with the full knowledge of

officials or such a construction does not escape the notice of the officials, if the building plans are approved or no-

objection certificates (NOCs) are issued without going through mandatory inspection and without verifying material

particulars, the officials should be punished for a specified offence. Palpable negligence in doing duties should not

be overlooked under the appropriate law. It is difficult to distinguish between such acts of gross dereliction or utter

indifference and corrupt motives.

Victims of man-made disasters: Of course, rescue and relief measures are common in both natural and man-made

disasters. On account of the human element involved in triggering the man-made disasters, the victims can have

recourse to civil and public law for remedies and those responsible for culpable negligence may also be liable for

criminal action under the provisions of Penal Code or various special laws to which reference has been made

hereinafter. Compensation can be claimed in a Civil Court for the damage/injury caused by acts of negligence,

although there is no tort law in Bangladesh.

Negligence is a distinct head of tort. The general principle behind the tort of negligence is that "you must take

reasonable care to avoid acts or omissions which you could reasonably foresee would likely endanger your

neighbour." There are three criteria for imposition of a duty to take care - ability of damage, proximity of

relationship between the parties and the reasonableness. It is of utmost importance that inspection of high-rise

buildings - both commercial and residential, including hospitals and hotels, should be done periodically. It is

needless to emphasise that the inspection personnel should have necessary expertise and experience. It would be

ideal instead of piecemeal inspections by Civil/Structural Engineers, Electrical Inspectors and Fire Service officers,

the inspection teams consisting of officials from all these disciplines should be in their sufficient number to inspect


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laws need to be updated to handle man-made disasters

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