Blazing in neglect: Why we should point to the owners and Market

Associations for recent fire outbreaks

As Bangladesh reels from the abysmal aftermath at Bangabazar a new Blazing victim arose in
New Super market in Dhaka. From precious human lives to a sole providers glimping profits
everything is turning to ashes in Dhaka nowadays. Looking at the situation right now, Dhaka city
is looking like a ticking bomb to the mass people as we, the people are just waiting chemical
blasts, fire ignition and flammable elements to put an end to their misery. While all the fingers
are being pointed at the government we do have to keep in mind that this endless cycle of blame
game seems futile if we ourselves are weary of our own fault. Tazreen Garments, Nimtoli,
Chawkbazar, Banani & Gulshan DNCC Market, Science Lab, Banani FR tower are naming a
few tragedies which countless lives with them. But are only the government at fault here? Not
even close

The legal Dimensions in relating to fire prevention1 is seen suffice which are,

1) Fire Prevention and Extinction Act 2003.

2) Fire Prevention and Extinction Rules 2014
3) Bangladesh National Building Code (BNBC) 2020
4) SOP For Services and Clearance relating to Fire Extinction2
5) Building construction rules 1996
6) The Factories Rules 1979

Many Authorities such as REHAB, Fire Service and Civil Defence (FSCD), RAJUK, City
Corporation and various ministries including the Home ministry are involved upon ensuring the

1
The Daily Star. “All You Need to Know about Fire Safety Regulations in Bangladesh,” March 30, 2023.
https://www.thedailystar.net/law-our-rights/news/all-you-need-know-about-fire-safety-regulations-bangladesh-3285121

2
ফায়ার সার্ভি স ও সিভিল ডিফেন্স অধিদপ্তর-গণপ্রজাতন্ত্রী বাংলাদেশ সরকার. “ফায়ার সার্ভি স ও সিভিল ডিফেন্স অধিদপ্তর-গণপ্রজাতন্ত্রী বাংলাদেশ
সরকার,” n.d. http://www.fireservice.gov.bd/
prevention and safety measures regarding fire issues.3 Yet how is the picture so grim in terms of
safety? Maybe we should be pointing at the owners and associations of these buildings and
crowded markets now.

According to data from the fire service, over 2,000 people were killed and 11,000 were hurt in
89,923 fire incidents across the nation between 2004 and 2018. 4 In those incidents, estimated
wealth worth Tk 2,099.73 crore was destroyed or damaged.5 The requirements for fire prevention
are covered in Part 4 of the Code. It outlines the general requirements for fire protection (Chapter
1), safety precautions (Chapter 2), and exit safeguards (Chapter 3).6 The Fire Prevention and
Extinguishing Act of 2003 and the Fire Prevention Act 2003 and Extinction Rules of 2014 are
the next two laws which instates a multi-story commercial building's structural design or layout
must receive the Directorate General of Fire Service and Civil Defense's approval in accordance
with Section 7 of the Act.7 The Act is supplemented by Rule 22 of the 2014 Rules, which calls
for an occupancy certificate to ensure that a building complies with safety regulations.8 So, the
question of why there are still so many catastrophes in spite of such extensive laws is raised? The
owners and associations are simply negligent towards any compliance with the relevant laws. It
is extremely concerning that out of 1,162 buildings evaluated by Dhaka's fire service officials
last year, 136 were classified as "extremely risky" and 499 as "risky" (The Dhaka Tribune, 9
March 2023). After inspecting 1,162 buildings in Dhaka, officials gave 136 of them the "very
risky" and "risky" labels. In addition, a large number of illegal chemical and plastic
manufacturing and storage facilities operate in old Dhaka.9 Fire officials warned that the
3
Correspondent, Staff. “Rescue Operation Resumes without Heavy Machinery.” Prothomalo, March 9, 2023.
https://en.prothomalo.com/bangladesh/city/9396bv082x

4
New Age | “Fire Safety Rules in New Building Code Weaker, Review Sought,” n.d.
https://www.newagebd.net/article/72296/fire-safety-rules-in-new-building-code-weaker-review-sought

5
Ibid
6
গণপূর্ত অধিদপ্তর. “গণপূর্ত অধিদপ্তর,” n.d. http://m.pwd.gov.bd/about/library

7
আইন-অধ্যাদেশ - ফায়ার সার্ভি স ও সিভিল ডিফেন্স অধিদপ্তর-গণপ্রজাতন্ত্রী বাংলাদেশ সরকার. “ফায়ার সার্ভি স ও সিভিল ডিফেন্স অধিদপ্তর,” n.d.
http%3A%2F%2Fwww.fireservice.gov.bd%2Fsite%2Fpage%2Fb5f647e8-3278-45bc-9e73-719db302f223%2F
%25E0%25A6%2586%25E0%25A6%2587%25E0%25A6%25A8-
%25E0%25A6%2585%25E0%25A6%25A7%25E0%25A7%258D%25E0%25A6%25AF%25E0%25A6%25BE
%25E0%25A6%25A6%25E0%25A7%2587%25E0%25A6%25B6
8
Ibid
9
The Daily Star. “Buildings without Fire Safety: Crackdown Begins next Week,” February 23, 2023.
https://www.thedailystar.net/news/bangladesh/news/buildings-without-fire-safety-crackdown-begins-next-week-3254771
Bangabazar Shopping Complex was at risk of fire four years ago.10 The DG responded to the
claim that the risk notice was ineffective by saying, "Our job is to identify the risky buildings
and notify."11 As it would not be possible to control the fire concerns otherwise, it is imperative
to establish an effective authority for monitoring systems and collaboration at the local level in
order to prevent a spate of fatal fires. To save some extra money the local authorities and owners
themselves were digging holes for their own graves. No matter what that doesn’t give them the
right to toil with human lives and family feeding businesses. Separate investigation committees
have already been established by the Fire Services and the Dhaka South City Corporation. Fire
Services noted that the building owners had received ten notices warning them that it was
dangerous to stay there while the fire was still raging in Bangabazar. 12 As owners and
associations are mainly responsible for the fire licensing. Many experts will again point fingers
at the government and the officials in this case I’d have to disagree with them in this case. The
Rajuk area has a total of 21.46 lakh establishments, of which 20.60 lakh lack approved designs
and only 85,500 have adhered to a proper layout, according to a 2020 study by the Bangladesh
Institute of Planners.13 It is not possible for RAJUK or The fire authorities to check and balance
each and every establishment physically unless the local concerns play a vigorous role here. To
expect RAJUK to be held accountable for every disaster is simply unrealistic to some extent. The
concept of ‘Duty of Care’14 and ‘Negligence’15 is seen to be found among these incidents.

According to [Blyth v. Birmingham Water Works Co] negligence is defined, it is the failure to
take a reasonable man's course of action or the commission of an action that a prudent or

10
The Daily Star. “Fire Service to Identify Risky Markets,” April 5, 2023.
https://www.thedailystar.net/news/bangladesh/accidents-fires/news/fire-service-identify-risky-markets-3290206.
11
Ibid
12
Who is responsible for the Bangabazar fire? “Who Is Responsible for the Bangabazar Fire?,” April 5, 2023.
https://www.dhakatribune.com/dhaka/2023/04/05/who-are-responsible-for-all-these-fires
13
The Business Standard. “Changing Designs, Flouting Codes,” February 26, 2022.
https://www.tbsnews.net/bangladesh/infrastructure/changing-designs-flouting-codes-376357
14
DUTY OF CARE | English meaning - Cambridge Dictionary. “Duty of Care,” April 12, 2023.
https://dictionary.cambridge.org/dictionary/english/duty-of-care
15
LII / Legal Information Institute. “Negligence,” n.d. https://www.law.cornell.edu/wex/negligence
reasonable man would avoid. The tort of negligence has three components: a duty of care, a
breach of that duty, and damages. Any single person has a duty of care to always exercise
reasonable caution to prevent any omissions or acts that are reasonably anticipated to endanger
those for whom they are responsible. In this case, the owners are viably liable to negligence as
they did have the capacity to anticipate the chemical blasts and risk of fire would be there if the
laws were not abided by to a minimum standard. The owners and associations certainly could
have foresaw it as there were already notice and warnings sent to them by the authorities. Which
resulted not only wealth but actual human lives in some cases. Those who were affected should
be aware of the fact that they can find massive remedies in the tort law dimension and can at
least see some light at the end of the tunnel.