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Extract from High Court Judgment relating
to PIL on Garment Factory Fires
The main reason which caused the deaths of the workers
seems to be the want of sufficient exit facilities
and fire fighting equipments in the factory premises
of the respondents No.4 to 10. It appears that the
licenses were given from the office of the respondents
Nos. 2 and 3 without proper inspection and verification
of the information's given by respondents No. 4 to
10 at time of procurement of the licenses and that
after issuance of the licenses there was no follow-up
by the respondent Nos. 2 and 3 and as per provision
of the respondent s No. 2 that steps have been taken
against the respondents No. 4-11 after the issuance
of the rule which proves negligence on the part of
the respondents 4-11.
Considering the facts and circumstances we are of
the view that had the respondents No. 2 and 3 and
their respective officials performed their duties
and obligations in accordance with the respective
laws, the deaths as occurred could have been avoided.
Similarly had the respondents No. 4-11 complied with
the requirements in getting licenses from the offices
of the respondent No.s. 2 and 3 the aforesaid deaths
could also be avoided. It appears that the respondent
No. 11 has failed in duties and obligations in not
enquiring about the failures on the part of his tenants
while sitting up the garments factories to follow
the previsions relating to safety and fire protections
as required under the factories act. 1965 and the
fire service ordinance, 1959 and the Rules and hereunder.
It seems that the respondent No. 12 has already started
to take some positive steps for safety and fire protection
which we believe will reduce the occurrence of fire
accidents resulting lesser possibility of deaths of
workers due to fire accidents. An inspection team
is said to have been constituted under the leadership
of the director general of fire service and civil
Defence, which is carrying on regular weekly inspection
in the factories giving necessary advice to the Management
as to the safety and fire protection. In our opinion
the formation of such committee and it's activities
will reduce the possibility of occurrence of such
fire accidents as also death of workers in future.
However we are of the view that such committee should
also include the representative from the workers and
financial institution and such committee requires
some legal protection coverage so that its recommendation
(s) gets due weight age and the authorities concern
are bound to act in laws there of and implement such
recommendations, in default to suffer consequence.
The Government accordingly should make and promulgate
some legal provisions and issue notification giving
required legal coverage, so that the instruction,
direction or recommendation of such committee may
be carried out. It is also expected that the respondent
Nos. 2 and 3 and their respective offices should strictly
follow/adhere to and comply with the rules and relocations
as wall as revisions of laws particularly while issuing
the licenses and renewals there of.
The learned advocate for the respondent No. 12 also
produced before us a copy of minutes of a Ministerial
meeting held on 17.7.1997 held under the Chairmanship
of the humble Minister of home affaires , wherein
a committee was formed with the Director General,
fie service and Civil Defence, as the Chairman and
representatives of Ministry of Industries, Ministry
of Commerce, Board of investment, Export promotion
Bureau, Rajdhani Unnayan Kartipakkha. B.G.M.E.A DESA
and the Chief Inspector of factories as members, to
inspect the garment factories of the Dhaka city and
take necessary steps for safety and fire protection
in the factories. As we have mentioned earlier that
a committee need be formed for the purpose of safety
and fire protection in the factories, we now propose
for formation of such a committee by the government
on national basis to supervise the acts and missions
on the part of he factory owners, the factory premise
owners, the employees and officers of the offices
of the respondent No. 2 and 3 in implementing the
previsions of relevant laws, in setting up and operation
of the factories in Bangladesh, with authority to
form regional committee, if necessary, with necessary
legal coverage binding all concern to implement recommendations
or directions of such committee, failing which to
face punishments and the financial institution including
banks should not extend any loan facility in the form
of running capital for carrying on any trading/business
of for operation of any industry and such committee,
on national basis, may be composed the Director General
of fire service and Civil Defence as Chairman, and
the representations of (i) Ministry of home Affairs,
(ii) Ministry of commerce, (iiii) Ministry of Industries,
(iv) Board of Investment, (v) City corporation (vi)
Federation of Bangladesh Chamber of commerce and industries
(FBCC &1), (Viii) Bangladesh Garments Manufacturers
and Exporters Association (BGMEA), (Vill) Export promotion
Bureau (EPB), (ix) Chief Inspector of factories, (x)
Rajdhani Unnayan Kartipakkha (RAJUK), (xi) Workers
Association and (xii) bankers Association or Bangladesh
Bank, as Members, but the office space and the necessary
staff including a whole time Secretary of the Committee
to be provided by the BGMEA out of its fund.
In view of formation of aforesaid already existing
inspection headed by the Director General of the fire
service and Civil Defence we do not see any legal
bar or impediment in constituting such proposed national
committee by the Government.
Accordingly the Rule is made absolute without any
order as to costs. The respondent No. 2-11 appears
to be negligent in discharging their respective duties
and obligations and that the want of diligence in
performing their respective duties and obligation
is one of the main causes for the deaths and injuries
of the workers of the garment factories mentioned
in the writ petition.
And as a measure for avoiding such incidents of deaths
and injures to the workers of the garment factories
the following directions should be
implemented.
| i |
The respondents No. 2 and 3 are
directed to perform their respective functions
and legal obligations with strict adherence to
the provisions of them respective laws. |
| ii |
The respondent Nos. 2 and 3 should take necessary
legal action to ensure that the respondents No.
4-10 fill up the wanting in their factory promises
as mentioned in the investigation committee report
of the petitioner's organisation, reproduced in
the body of this judgement and in particular to
provide sufficient space in the factories with
proper exits and each factory two staircases in
the factory premises. |
| iii |
The respondent No. 2 and 3 should not issue
license in the factories Act. 1965 and the fire
service ordinance, 1659 respectively and should
strictly adhere to the provisions of laws in respect
of the licenses issued |
| iv |
The financial institutions including banks
should not sanction any running capital loan to
any garment factory/industry in the absence of
license of renewal there of issued by the respondents
No. 2 and 3, and in default to be liable for compensations
to the victims and Bangladesh Bank to issue circular
to that effect. |
| v |
The respondent No. 1 should take necessary steps
for formation a/of an inspection committee in
the line of our proposal made above giving required
legal coverage. |
Let copy of this judgment be sent to (1) The secretary,
Ministry of Home Affairs. (ii) The secretary, Ministry
of commerce, (iii) The secretary, Ministry of Industries,
(iv) President, Bangladesh Garments Manufactures and
Exporters association (BGMEA), (V) Director General
Fire Service and Civil Defence, (vi) Chief Inspector
of Factories, (vii) Governor, Bangladesh bank for
information and to ensure compliance.
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