Justice now a mirage to them
Hasan Mirdha Akash is losing hope of getting justice.
A survivor of Tazreen Fashions fire, he feels neglected and forgotten, as the progress in the case filed nearly nine years ago over the deadliest factory fire in the country is dismally slow.
"I think no one bothers about us. It's been almost nine years since the fire incident that turned my life upside down. But we are yet to see those responsible punished," said a frustrated Akash, who was a line supervisor at the ill-fated factory in Ashulia.
The blaze that killed 112 workers and wounded scores changed his life forever. He suffered severe injuries in spine, head, and arms and is still taking treatment at the Centre for the Rehabilitation of the Paralysed as well different hospitals. He cannot work because of his physical condition.
"I don't think our lives will ever be the same again. Justice could be the only solace, but we don't know how many years we have to wait for it," he said.
Akash's frustration is shared by the victims of at least three other devastating factory fires as the cases over these incidents are progressing at a snail's pace, making justice elusive for the survivors and the families of the deceased.
Between 2015 and 2020, there were 4,968 fire incidents at factories in the country, according to Bangladesh Fire Service and Civil Defence.
However, no update is available regarding the progress in the cases filed over the incidents.
Labour rights campaigners and lawyers say that in most of the cases, the owners and the people responsible for ensuring safety and compliance at factories could not be brought to book due to lengthy legal process and the culture of impunity.
Proceedings in most of the cases are slowand may take months, they said.
Talking to The Daily Star yesterday, Barrister Jyotirmoy Barua said, "The trial of such cases usually gets delayed as the prosecution and police fail to produce the witnesses before the court in time for deposition.
"Sometimes such cases are not properly investigated as the accused are influential and rich. Besides, witnesses, being influenced by the accused, do not appear before court for deposition," he pointed out.
Taslima Akhter, president of Bangladesh Garment Sramik Sanghati, said, "They [the owners] do not consider workers as human beings. They just use workers as tools for making profits.
"We have not seen any of the culprits getting punished over factory fires because of the culture of impunity. If the owners and the culprits were punished, fire incidents would have come down significantly," she told this newspaper.
"Another issue is lengthy trial process... Factory owners usually have good relations with politicians and escape punishment, using their influence."
SLOW PROGRESS
A day after the massive fire at Tazreen Fashions Ltd in Ashulia on November 24, 2012, a case was filed with Ashulia Police Station.
Police submitted a charge sheet against 13, including its Managing Director Delwar Hossain and Chairman Mahmuda Akhter, in December 2013.
The charge sheet said Delwar and his wife Mahmuda constructed the factory building based on a faulty plan with an engineer's help, and illegally used the walkway on the ground floor as a warehouse. There was no fire exit at the factory though a provision of the labour law stipulates that there must be two exits in every factory.
Almost two years after the submission of the charge sheet, a Dhaka court in September 2015 framed charges against 13 and trial began in January 2016.
The court, however, has so far recorded deposition of only nine out of 104 prosecution witnesses at more than 40 hearings.
"The last time a witness gave a statement was on January 10 last year. But we could not produce any more witnesses before the court due to the Covid pandemic," Assistant Public Prosecutor Rehana Akter told this newspaper.
On November 26, 2012, Ain o Salish Kendra (ASK), Bangladesh Legal Aid and Services Trust (BLAST), Nijera Kori and BRAC filed a writ petition with the High Court over the failure of the authorities concerned to ensure effective enforcement of the laws on workplace safety, and compensations for the survivors and the families of those killed in Tazreen fire.
Lawyer Sharmin Akter, who moved the petition, said the court issued a rule nisi and an interim order.
In its order, the HC asked the respondents to show cause as to why they should not be directed to probe, prosecute and punish those responsible for the factory fire.
The respondents include the secretaries at the industries, and labour and employment ministries, and the chief inspector of factories.
"The final hearing is yet to take place," Sharmin said.
Both Sharmin and Taslima said that in almost all cases, workers do not get adequate compensation.
Referring to the labour law, they pointed out the compensation is Tk 2 lakh in case of death. But it is meagre and the victim's family has to wait for long to get that.
Sharmin observed that the compensation should be raised, keeping in mind several criteria such as treatment cost, age of a worker, and how many years he or she could have worked.
FACTORY FIRES IN GAZIPUR, SAVAR
At least 41 workers were killed in a massive fire at a packaging factory, Tampaco Foils Limited, in BSCIC industrial area in Tongi on September 10, 2016.
Two cases were filed over the incident -- one by police, and another by Abdul Kader, the father of a deceased worker, against Tampaco owner Syed Mokbul Hossain and seven others.
About the case filed by Kader, Gazipur Metropolitan Police Assistant Commissioner (prosecution) Shubhashish Dhar said police submitted the charge sheet to a Gazipur court against five, including Mokbul, in 2018.
The trial in the case is still going on, he added.
Police, however, could not give any update on the other case.
Asked, Tongi Model Police Sub-Inspector Ajay Kumar Chakraborty, who filed the case on behalf of police, failed to give any update on it.
"It will require time… I can give an update on the case after seeing the files," he told this newspaper.
Earlier in September 2016, BLAST, ASK and Bangladesh Environmental Lawyers' Association (BELA) filed a writ petition, pointing to the failure of the authorities concerned to ensure labour safety and adequate compensations for the victims.
The final hearing on the writ petition is yet to be held, said the petitioner, Sharmin Akter.
The police officials concerned failed to give any update on the cases filed over devastating fires at Garib and Garib sweater factory in Gazipur in February 2010 and Ha-Meem Group's sportswear factory in Ashulia's Narsinghapur in December that year.
At least 21 workers were killed in Gazipur and 26 in Ashulia.
Contacted, Kamrul Faruk, officer-in-charge of Gazipur's Bason Police Station, said he was unable to give any update on the case over the fire at Garib and Garib factory, saying the incident took place more than a decade ago.
"We don't have any information as the case was filed before the creation of Gazipur Metropolitan Police in 2018. I cannot say whether the charge sheet in the case was submitted or not," he said.
Asked about the case over the fire at Ha-Meem Group's sportswear factory, Inspector (investigation) Ziaul Islam of Ashulia Police Station said he was unaware of any case filed in connection with the incident.
"If any case was filed over the fire incident, you can check it with the court concerned," he added.
[Our correspondents in Gazipur and Savar contributed to this report.]
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