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A Term Paper
In
‘Law 101: Jurisprudence & Legal Theory' Course
On
‘How Far Right To Life Is Ensured in Bangladesh: Highlighting Fire Incident'

Submitted to:
Dipannita Kundu Rumki
Lecturer
Department of Law, BAIUST

Submitted by:
Tamanna Akter Sume
ID:5202012
LLB (Level 1, Term I)
Department Of Law
Bangladesh Army International University of Science and Technology(BAIUST)

Date of Submission: 02.02.2020

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ABSTRACT

Everyone has the right to life, liberty and security of person. Articles 31 and 32
of the constitution of Bangladesh have given guarantee of protection of 'Right to Life'. In
Bangladesh no one say confidently that his/her right to life is ensured here because of
unexpected incidents like : Fire incident, Road Accident, Murder, Robbery, Rape etc. Fire is
one of the most destructive manmade disasters of all time. In Bangladesh, fire accidents
are occurring frequently and one of the primary reasons of these accidents is
unconsciousness of people. From the fire related accidents related to garment factories
and people’s personal lives, it is clear that people should be concerned about the causes
and damages of fire and be prepared to face this catastrophic disaster. The number of fires
has increased more than threefold across Bangladesh since 1997; with the year 2020 seeing a
daily average of 53. We have enough laws, now we need to implement them to make buildings
safe, so that we make sure ignorant of fire disasters. The fire service also needs to increase the
capacity of its manpower and logistic support, to help ward off any worse situation.
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Table of content

ABSTRACT ------------------------------------------------------------------------------ 02

CHAPTER 1
INTRODUCTION -------------------------------------------------------------- 04
CHAPTER 2
2.1 DEFINITION Of RIGHT -------------------------------------------------- 05
2.2 RIGHT TO LIFE ------------------------------------------------------------ 05
CHAPTER 3
3.1 FIRE INCIDENT ------------------------------------------------------------ 06
3.2 FIRE INCIDENTE IN BANGLADESH ----------------------------------- 06 - 08
CHAPTER 4
GOVERNMENT STEPS TO PREVENT FIRE DISASTERS --------------- 09
CHAPTER 5
CONCLUSION ----------------------------------------------------------------- 10
REFERENCE ------------------------------------------------------------------- 11
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CHAPTER 1

INTRODUCTION
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are
the fundamental normative rules about what is allowed of people or owed to people,
according to some legal system, social convention, or ethical theory. Rights are of
essential importance in such disciplines as law and ethics, especially theories
of justice and deontology.
Rights are often considered fundamental to civilization, for they are regarded as
established pillars of society and culture, and the history of social conflicts can be found
in the history of each right and its development. Human rights in Bangladesh are
enshrined as fundamental rights in Part III of the Constitution of Bangladesh.
In the other hand, Fire is one of the most destructive manmade disasters of all time.

In Bangladesh, fire accidents are occurring frequently and one of the primary reasons of these
accidents is unconsciousness of people. The fire related accidents related to garment factories
and people’s personal lives, it is clear that people should be concerned about the causes and
damages of fire and be prepared to face this catastrophic disaster. Fire accidents not only take
peoples’ valuable lives but also hamper our economy to a great extent.

Fire disasters mainly happen because of unconsciousness of people. The number of fires has
increased more than threefold across Bangladesh since 1997; with the year 2018 seeing a daily
average of 53. Experts and officials concerned have said that negligence in ensuring fire safety
measures and rampant breach of the existing building law and code are increasing fire incidents
in Dhaka city.
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CHAPTER 2

2.1 DEFINITION Of RIGHT:

Many definitions of rights have been given by various writers.
According to Hibbert, A right is “One person’s capacity of obliging others to do or forbear by
means not of his own strength but by the strength of a third party. If such third party is God,
the right is Divine. If such third party is the public generally acting through opinion, the right
is moral. If such third party is the State acting directly or indirectly, the right is legal.”
In the words of Salmond: “A right is an interest recognized and protected by a rule of right. It
is any interest, respect for which is a duty, and the disregard of which is a wrong.”
According to Holland, a right is “A capacity residing in one man of controlling, with the assent
and the assistant of the State, the actions of others.”
A legal right must obtain not merely legal protection, but also legal recognition.

2.2 Right to Life:

Human rights in Bangladesh are enshrined as fundamental rights in Part III of the Constitution
of Bangladesh. However, constitutional and legal experts believe many of the country's laws
require reform to enforce fundamental rights and reflect democratic values of the 21st century.
Proposed reforms include strengthening parliamentary supremacy, judicial independence, the
separation of powers, repealing laws which restrain freedom of the press and disbanding
security agencies which violate civil liberties.

According to Article 32 of the Constitution of Bangladesh, “Everyone has the right to life,
liberty and security of person.” Challenges to the right to life come from many
directions.including from arbitrary action by the police or security forces, and from inadequate
or lack of enforcement of safety laws and regulations.
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1 Jurisprudence & Legal Theory – V. D. Mahajan's

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CHAPTER 3
3.1 FIRE INCIDENT:
Fire is a chemical reaction that gives off light and heat. It is an example of the chemical
process. If human skin touches fire, the skin may burn, which can take some time to
heal. If a fire gives off a large amount of smoke, a person's mouth should be covered
with a wet cloth, since people can faint when they breathe in too much smoke. Even a
spark, such as from a cigarette, should be kept away from any fuels that very easily
catch and spread fire, like gasoline, or cause an explosion, like gunpowder. Fires are
usually combustion reactions that take carbon, hydrogen, and oxygen. The products are
very commonly water and carbon dioxide, although there are other examples that avoid
this generalization, such as burning magnesium in air, which makes magnesium oxide.
Fires can occur in many ways. There are many types of fire. There are wood fires, gas
fires, metal fires, and more.
Fire is one of the most destructive manmade disasters of all time. In Bangladesh, fire accidents
are occurring frequently and one of the primary reasons of these accidents is unconsciousness
of people.
So, from the fire related accidents related to garment factories and people’s personal lives, it is
clear that people should be concerned about the causes and damages of fire and be prepared
to face this catastrophic disaster.
Accidents caused by fire can result in serious injury and damage to personal property.
Fire hazards are not always obvious in and around the home, so accidents involving
fire are often unexpected and sudden. These accidents can occur from faulty wiring,
defective products, discarded cigarettes left on flammable materials, and smoke
detectors that fail to activate. Car fires can trap victims inside a vehicle. A major
concern for anyone involved in a fire accident is the damage smoke inhalation can
cause to the lungs. Liss & Marion can help you to determine if the injuries and losses
you’ve suffered are recoverable. Contact our offices for your free consultation right
away.

3.2 FIRE INCIDENT IN BANGLADESH:

Incidents of fire are rising rapidly all over Bangladesh. Fire accidents not only take peoples’
valuable lives but also hamper our economy to a great extent.
Fire disasters mainly happen because of unconsciousness of people. Nine devastating
hazards took place across Bangladesh including fire, wild animal attack, lightning,
nor’wester, cyclone, boat capsize, landslide, building collapse and bridge collapse.The
mostly occurred hazard was fire with 20 incidents in 14 districts correspondingly
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Sylhet, Gazipur, Barishal, Rangpur, Lakhshmipur, Chattogram, Kurigram, Natore,

Cumilla, Sirajganj, Dhaka, Gazipur, Sherpur and Panchagarh. Lightning took place in 14
districts, i.e. Kishoreganj, Netrokona, Kushtia, Naogaon, Chapainawabganj, Gazipur,
Cox’s Bazar, Khagrachhari, Brahmanbaria, Sirajganj, Habiganj, Pirojpur, Cumilla and
Rajshahi correspondingly with 17 incidents.
On 20 February 2019, fire broke out in Dhaka, Bangladesh. The fire started in a road accident
between a pickup van and a private car. After the collision, the car's gas cylinder exploded. The
fire then spread to a group of buildings being used to store chemicals, and quickly expanded to
nearby buildings in the densely packed historic district of Chowk Bazaar in Old Dhaka. The fire
left at least 80 people dead and 50 others injured. The fire was reported to have originated in
the explosion of a cylinder of compressed natural gas in a vehicle, which quickly triggered
further fires in buildings and nearby gas cylinders. The blaze was first reported at 22:38, and
was reported to be under control by about 03:00.
The first building to burn housed shops and a warehouse storing plastic goods, cosmetics and
perfume on the first floor, with residential housing on upper stories. It spread to the four-storey
building behind the Shahi Mosque. From that building, the fire spread to Rajmoni Restaurant
and three other buildings in the narrow alley.
An electric transformer exploded just after the fire broke out, which demolished several cars
parked on the alley. The alley was full of people because of a wedding ceremony in a nearby
community centre. As of 21 February, the death toll was estimated to be at least 80. In addition
to those killed, at least 50 people were injured and transported to hospitals with severe burns
and lung damage.
An incident took place in the capital's Aftabnagar area in Badda early. A 24-year-old university
student has died in a house fire reportedly caused by an electrical short circuit in Dhaka.The
incident took place in the capital's Aftabnagar area in Badda early Thursday. Shapnil Ahmed
Piash, who had just finished his honours studies at a private university in Dhaka, was screaming
for help from his balcony as a fire broke out in his room.Despite desperate efforts made by his
parents to save him, the fire finally engulfed Shapnil's balcony and claimed his life.

Talking to Dhaka Tribune, Lima Khanam, duty officer at the headquarters of Fire Service and
Civil Defence, said: "We were informed about the fire incident around 5:10am. A total of five
fire fighting units rushed to the spot and were able to douse the flames around 5:50am.
"The victim was then rescued and sent to Dhaka Medical College Hospital where on-duty
doctors pronounced him dead. We suspect that the fire emanated from an electrical short
circuit."The deceased was the only child of Moazzem Hossain Nannu, a senior journalist and
former general secretary of Bangladesh Crime Reporters Association (CRAB).He said: "I saw my
son in front of my very own eyes slowly burn to death on the balcony. I told him to take off his
T-shirt so that the fire would not catch him. I also threw water on him to save him but
everything went in vain.
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"I also tried to use the residence fire extinguisher to douse the fire but the door of Shapnil's
room was locked from the inside and while trying to do so at one stage I lost consciousness."

A chemical warehouse caught fire in Kadamtali area of Keraniganj on Sunday, January 5, 2020.
At least 25 adjacent buildings were damaged during 3 explosions at the warehouse.The fire
which broke out at a chemical warehouse in Keraniganj on the outskirts of Dhaka, has been
doused.Three firefighting units rushed to the spot and extinguished the flames around, our
photojournalist Mehedi Hasan reported from the spot.Sahzadi Sultana, duty officer of Fire
Service and Civil Defence Control Room, said three explosions took place in a warehouse at East
Bando Dhakpara, Kadamtoli, adding that the walls and tin-roof collapsed following the
blasts.Earlier in the day, the fire erupted at the warehouse around” Sujon Miah, fire fighter at
Keraniganj Fire Station told Dhaka Tribune.The warehouse is owned by a man named Maruf
Hossain.
The window glasses of some buildings adjacent to the warehouse were also damaged.There
was no report of casualty according to the Fire Service. The reason behind the fire could not be
known immediately. Magnesium Chloride and Sodium were found inside the warehouse.
According to the locals, at least 25 adjacent buildings were damaged at the time of the
explosions.
The number of fires has increased more than threefold across Bangladesh since 1997; with the
year 2020 seeing a daily average of 53. Experts and officials concerned have said that
negligence in ensuring fire safety measures and rampant breach of the existing building law and
code are increasing fire incidents in Dhaka city. They also blamed slack monitoring by the
officials concerned regarding fire protection and irregularities in clearing multi-storey building
projects that lack proper or minimum fire safety standards, for the situation. According to
them, the fire service also needs to increase the capacity of its manpower and logistic support,
to help ward off any worse situation. The fires have killed at least 1,590 people across
Bangladesh. At least 16,000 incidents of fire have occurred around the country in the last 10
years, killing 1,590 people.
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CHAPTER 4

2https://www.dhakatribune.com/bangladesh/dhaka/2020/01/02/house-fire-kills-son-in-front-of-parents
https://en.m.wikipedia.org/wiki/February_2019_Dhaka_fire
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GOVERNMENT STEPS TO PREVENT FIRE DISASTERS:

The government will take necessary measures to prevent such fires that occurred in
Chawkbazar, taking it as a wake-up call. The Chawkbazar fire has been a wake-up call for
us. We'll take necessary measures to prevent such incidents in future. "The government will
form an investigation panel and take necessary measures. It stood beside the victims in the
2010 fire and never played the role of a silent audience. They will take measures to prevent
the repeat of such incident and rehabilitate the victims." The government will provide
necessary assistance to the fire victims.

According to data publicly released by Bangladesh Fire Service and Civil Defense, there has
been a steady increase in the number of fire incidents in the country. In 2018 alone, fire service
officials reported over 19,000 incidents, majority of which occurred in Dhaka and Khulna.
However, trends suggest that the approximate value of losses (in BDT) is more contained than
in the past. The number of civilian deaths from fire have also declined—the highest reported
being 271 deaths in 2010 and 365 in 2011. However, in absence of an independent authority to
record fire incidents over time, these statistics provided by Bangladesh Fire Service and Civil
Defense could not be verified. Short circuits and exploding LPG cylinders are the main
sources of fires. Digging deeper into official data also revealed insights into common sources
of fire disasters, predominantly short circuit and explosion of compressed gas cylinders used for
kitchen stoves. In 2018, nearly 40 percent of fires started in residential buildings from short
circuits. Just under 18 percent of fires resulted from cooking appliances such as stoves or gas
cylinders, while, surprisingly, 15 percent of incidents can be sourced back to lit cigarette butts.
This distribution of common sources of fire disasters is consistent with what we found from a
separate, comprehensive analysis of newspaper reports on fire incidents—majority of which
claimed fires have started from short circuit, explosion of compressed gas cylinders in the
kitchen and leakage in the gas line. A building should follow fire safety code. Safety measures
can reduce the risks and better prepare the inhabitants of a building in reducing casualty
and damage. ‘We have huge lack of both safety measures and awareness.

3https://bdnews24.com/bangladesh/2019/02/21/quader-says-government-will-take-steps-to-prevent-fire-
disasters
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CHAPTER 5

CONCLUSION:

The number of fires has increased more than threefold across Bangladesh since 1997; with the
year 2018 seeing a daily average of 53.Fire Service and Civil Defence statistics showed that
around 250,000 fires occurred in the country between January 1, 1997 and December 31, 2018,
according to the online database Dataful. These fires also caused an estimated financial loss of
around Tk6,400 crore to the nation. At least 1,970 people were killed in around 200,000 fires
across the country between 2004 and 2018, according to available fire service data. Urban
experts attribute the sharp rise in fires to unplanned urbanization, the violation of rules for
constructing buildings, carelessness among the public, increased use of gas cylinders and
devices, plus a lack of supervision by the authorities concerned. Last year saw the highest
number of fires: of 19,642. However, the highest number of casualties —365 dead and 1,385
injured—was recorded in 2011.In terms of financial losses, 2015 was the deadliest year as the
country suffered a loss of an estimated Tk850 crore in 17,488 fires. According to fire service
data, around 5,802 fires occurred in 1997, but these increased more than threefold over the
years. However, the number of casualties has been dropping over the last few years; except in
2018.In 2006, 9,542 fires killed 91 people and injured 873 more. Seventy people were killed and
210 others were injured in 17,830 fires in 2014; while 68 died and 216 were injured in 17,488
fires in 2015.
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REFERENCE:

• Jurisprudence & Legal Theory – V. D. Mahajan's

• https://blast.org.bd/issues/righttolife
• https://simple.m.wikipedia.org/wiki/Fire
• https://reliefweb.int/report/bangladesh/hazard-incidents-bangladesh-may-2019
• https://m.bdnews24.com/amp/en/detail/bangladesh/1595375#aoh=15805663020163&
referrer=https%3A%2F%2Fwww.google.com&amp_tf=From%20%251%24s
• https://www.dhakatribune.com/bangladesh/dhaka/2020/01/05/fire-at-keraniganj-
chemical-warehouse
• https://www.dhakatribune.com/bangladesh/dhaka/2020/01/02/house-fire-kills-son-in-
front-of-parents
• https://www.realinsurance.com.au/home-insurance/home-safety/the-most-common-
causes-of-house-fires
• https://en.m.wikipedia.org/wiki/February_2019_Dhaka_fire
• https://www.dhakatribune.com/bangladesh/dhaka/2019/03/28/16-000-fire-incidents-
in-10-years