Violators must pay: on fire tragedies
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Violators must pay: on fire tragedies

Context

The loss of at least 14 lives in the fire in a Mumbai rooftop restaurant

Author’s contention

Author contends that the fire in a Mumbai rooftop restaurant where 14 lives were lost must compel a relentless campaign for safety in buildings, punishment for those guilty of breaking rules; exemplary compensation for families of the dead and for the injured; and zero-tolerance enforcement of safety requirements

Lesson from uphaar tragedy

Author points out that government has learned nothing from the Uphaar cinema hall fire in New Delhi in 1997 that killed 59 people. In that episode, the exits had been blocked by unauthorised seating

What needs to be done?

An impartial inquiry is needed to determine what building and other rules were violated in Mumbai, and to identify the officials who allowed them. It would be wrong to categorise deliberate acts as instances of mere negligence. Those responsible must be prosecuted without leniency

  • Assessing the fire: Author states that assessing a fire professionally involves an inquiry that focusses on established construction codes:
  • whether the possibility of igniting it was actively reduced
  • whether provision was made for controlling the spread of fire and smoke
  • whether the design enabled occupant escape and firefighter access, and
  • whether the structure was built to avoid collapse
  • Public report: The inquiry ordered by the Maharashtra government must produce a public report on all these parameters
  • It must be followed up with meticulous prosecution

Violation of norms

The absence of a strong law of torts accompanied by a slow criminal justice process and rampant bureaucratic and political corruption have contributed to the brazen violation of building norms and a system of special schemes to regularise such death traps for a fee

Conclusion

It is wrong for courts to take a benign approach to such blatant, complicit measures. On the other hand, they should be concerned that their orders issued to ensure public safety — road safety is one example — remain mostly on paper. It should worry us that the lives of Indians seem to be of little value

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