Blazing in Neglect: The Imperative of Accountability for Owners

and Market Associations in Recent Fire Outbreaks

As Bangladesh reels from the devastating aftermath of the infernos in Bangabazar and the New
Supermarket in Dhaka, the once-thriving metropolis appears to be sprayed ticking time bomb.
Inhabitants now live in fear, anticipating a gruesome finale to their misery through chemical
explosions, fire ignitions, and flammable elements. While the government is often at the
receiving end of criticism, this ceaseless cycle of finger-pointing proves fruitless unless we
acknowledge our culpability. Tazreen Garments, Nimtoli, Chawkbazar, Banani & Gulshan
DNCC Market, Science Lab, and Banani FR Tower are only a few tragedies that have claimed
countless lives. But is the government solely to blame? Not by a long shot.

There is an abundance of legal dimensions relating to fire prevention1, such as the

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, and

6. The Factories Rules 1979.

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/
A myriad of authorities, including REHAB, Fire Service and Civil Defence (FSCD), RAJUK,
City Corporation, and various ministries, are entrusted with the responsibility of ensuring the
implementation of fire prevention and safety measures3. And yet, the situation remains dire. It is
high time we scrutinize the roles of the owners and associations of these buildings and crowded
markets.

According to data from the fire service, between 2004 and 20184, 89,923 fire incidents resulted
in over 2,000 fatalities, 11,000 injuries, and an estimated Tk 2,099.73 crore worth of property
damage5. The BNBC's Part 4 outlines general fire protection requirements (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 further stipulate that
the structural design or layout of a multi-story commercial building must obtain the approval of
the Directorate General of Fire Service and Civil Defense as per Section 7 of the Act7. The Act is
backed by Rule 22 of the 2014 Rules, which mandates the issuance of an occupancy certificate to
verify that a building adheres to safety regulations8.

So, why does the specter of catastrophe still loom despite such comprehensive legal provisions?
The answer lies in the negligence of owners and associations toward compliance with relevant
laws. It is deeply disconcerting that of the 1,162 buildings assessed by Dhaka's fire service
officials last year, 136 were deemed "extremely risky" and 499 as "risky" (The Dhaka Tribune, 9
March 2023). In addition, numerous unauthorized chemical and plastic manufacturing and
storage facilities continue to operate in old Dhaka9. The Bangabazar Shopping Complex10, for
instance, was identified as a fire hazard four years ago. The DG responded to the accusation that
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
the risk notice was ineffectual by asserting, "Our job is to identify the risky buildings and
notify."11

Establishing a productive authority for monitoring systems and fostering collaboration at the
local level is indispensable for mitigating the threat of fatal fires. However, local authorities and
owners have inadvertently dug their graves to save money, disregarding the sanctity of human
Fire Services and the Dhaka South City Corporation. Fire Services noted that the building
owners had received ten notices warning them of the imminent danger while the fire raged in
Bangabazar12. As owners and associations are primarily responsible for fire licensing, holding
them accountable for their negligence is essential.

Many experts will once again point fingers at the government and officials, but in this case, it
seems unjust to place the entire blame on them. According to a 2020 study by the Bangladesh
Institute of Planners13, out of the 21.46 lakh establishments in the Rajuk area, a staggering 20.60
lakh lack approved designs, and a mere 85,500 have adhered to proper layouts. It is only possible
for RAJUK or the fire authorities to physically inspect and maintain checks and balances on
every establishment if local entities play a proactive role. To expect RAJUK to bear
responsibility for every disaster is, to some extent, unrealistic.

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

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
The concepts of 'Duty of Care'14 and 'Negligence'15 are discernible in these incidents. According
to [Blyth v. Birmingham Water Works Co], negligence is the failure to take a reasonable course
of action or commission an act that a prudent or reasonable person would avoid. The tort of
negligence comprises four elements: a duty of care, a breach of that duty, causation, and
damages. Every individual has a duty of care to exercise reasonable caution to prevent any
omissions or acts that can foreseeably endanger those for whom they are responsible.
Establishing the Duty of Care

The first step in determining negligence is to establish the existence of a duty of care. Owners
and market associations owe a duty of care to their tenants, employees, and customers to ensure
the safety and well-being of all parties within their premises. This duty is recognized in various
statutes, such as the Fire Prevention and Extinction Act 2003, Fire Prevention and Extinction
Rules 2014, and the Bangladesh National Building Code (BNBC) 2020, which provides fire
prevention and safety guidelines.

Breach of Duty

To establish negligence, it must be proven that the owners or market associations have breached
their duty of care. In the case of fire outbreaks, this breach can be evidenced by their failure to
comply with relevant regulations or maintain adequate safety measures. For instance, owners
might have disregarded the need for approved building designs or ignored notices and warnings
from authorities regarding fire hazards. Such breaches contribute to an increased risk of fire
incidents and damage to life and property.

Causation and Damages

Finally, it is essential to demonstrate that the breach of duty by the owners or market associations
has directly caused damages to the aggrieved parties. In fire outbreaks, the damages can include
loss of life, injuries, and property damage. The causal link between the owners' negligence and
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
the damages suffered can be established through evidence of non-compliance with fire safety
regulations, inadequate maintenance of fire prevention systems, or a lack of adherence to
statutory requirements.

In this context, the owners are demonstrably liable for negligence, as they could foresee the
potential chemical explosions and fire risks if laws were not adhered to, even at a minimal level.
The owners and associations could have anticipated the dangers, given that they had already
received notices and warnings from the authorities. Consequently, wealth and human lives have
been lost in some cases. Those affected should be mindful that they can seek extensive remedies
in tort law and may yet find a glimmer of hope at the end of this dark tunnel.