Proper legislation needs for effective redress

Like many other disasters, corporate manslaughter has now become a common phenomenon in
Bangladesh. Since inception of its financial advancement through industrial and semi- industrial
entrepreneurship by using cheap labour force, Bangladesh has been paying its value at the cost of
hundreds and thousands of lives employed in those sectors, specially, of workers. Loss of lives in
factories and industrial areas are not new in this country, but brutalities happened in the tragedies
in Rana Plaza, Tazrin Garments and Spectrum have turned down the humanity into its lowest
degree. It has been now proved that lives of the workers are cheaper even than their cheap
labour. Forceful entering of the workers in garment factories of a vulnerable building Rana Plaza
and locking of the gates of Tazrin Garments after its embezzlement have made it clear that a
garment workers has lost their ‘right to life’, the number one fundamental human right, in
exchange of their job.
The recent Savar tragedy has significantly touched the heart of the people of each and every
corner of the world and strong demands have already been raised for punishing the culprits
behind such a heinous crime. The members of law enforcing agencies unlike many other similar
incidents have already shown their success by arresting owners of the Rana Plaza, i.e. Sohel
Rana and his father. They have also arrested the owners of the garments factories. Several legal
proceedings have also been initiated against them. The higher judiciary, by using its
constitutional jurisdiction has taken several initiatives for rendering justice in that connection.
But are those initiatives will ultimately be able to redress the victims as well as the nation
properly or adequately? It is highly unlikely. The reasons behind this thinking and way of
coming out from such darkness by adopting proper legislation will be addressed here.
Legal system of Bangladesh suffers from lacuna of proper legislation regarding corporate
manslaughter. Though the Penal Code, 1860 and some other special piece of legislations have
been enacted for protecting individual right to life and liberty from attack of other individual(s),
but there is absence of proper legislation for addressing killing of people for acts of a corporate
body. The owners of the corporations or business conglomerates have been keeping themselves
away form any exemplary punishment even after killing hundreds of people for their single
decision. Even the word “corporate manslaughter” is not well known in our country though we
are one of the worst victims of such crime. Corporate manslaughter is a crime which enables a
corporation to be punished and censured for culpable conduct that leads to a person’s death and it
extends beyond compensation that might be awarded in civil litigation or any criminal
prosecution of an individual for his individual act. The criminal liability of the owners of
corporation is direct in such a way that he is the ultimate beneficiary of the corporation; and the
ultimate decision makers of a corporation are some individuals and not the corporate personality.
Some of the developed countries have already experienced with necessary legislations regarding
corporate manslaughter. In the United Kingdom, Corporate Manslaughter and Corporate
Homicide Act, 2007 came into effect from 6 April 2008 and Crown Prosecution Service has also
been established for proper implementation of that legislation. Besides, a significant number of
cases have also been initiated and disposed of in the United Kingdom in that connection. It is
mentionable that a powerful quarter has seriously criticised that legislation referring the common
law practices for addressing such crime, but increasing of cases and satisfaction of common
people have already established its justification. Now the law is passing its journey for ensuring
justice for the corporate victims. In Canada, Bill C-45 of 2004 has been enacted for addressing
the crime of corporate manslaughter. Australia has also passed Australian Capital Territory’s
Crimes (Industrial Manslaughter) Amendment Act to address such crimes properly. Besides, the
Scandinavian states namely Norway, Finland and Denmark have already incorporated criminal
punishment against the culpable corporations under their new or amended penal codes. The
United States though has failed to enact any unilateral legislation as yet; but several individual
states have their own mechanism for addressing such a crime. Moreover, the laws relating to
labourers and workers always keep the owner under obliged circumstances for ensuring the
better environment of the work place. But the country, like ours, have given almost impunity to
the owners of industries even to implement the labour related laws, let alone the appropriate
criminal liability for corporate manslaughter.
If we go through our criminal justice system which focuses on the Penal Code- 1860, the Code of
Criminal Procedure-1898 and the Evidence Act, 1872; we can find that ensuring an exemplary
punishment for a person liable for corporate manslaughter is almost next to the impossible.
Because, the offences defined in the Penal Code do not describe the corporate manslaughter and
provisions relating to homicide, hurt and negligence are mainly based on direct physical overt act
of an individual(s) against another individual(s). Here if a person kills another by his direct
physical action, he may be hanged; but if he kills one hundred people through his culpable
actions where he has no direct physical overt act, he may be acquitted of or may face a minimum
punishment. The procedural laws are also designed on the same principle. In such a situation,
demands of exemplary punishment for criminals behind Rana Plaza, Tazrin Garments and
Spectrum are bound to become a far cry.
It is true that corporate killings are comparatively new phenomena in our country. But within
very short span of time we have paid enough for such crime; and now public opinion and support
is totally in favour of ensuring the highest punishment for criminals behind corporate killings.
There is a popular saying by Martin Luther King that, ‘Injustice anywhere is a threat to justice
everywhere’. If the culprits of corporate killings like Rana Plaza, Tazrin Garments, Spectrum and
so on incidents do not get exemplary punishment for their heinous acts only for the lacuna of a
proper legislation, public confidence shall certainly be broken up and the victims and their
family members shall have no way but to fall tears for divine justice. Can it be bothered in a
country like ours which has obtained its freedom through sacrifice of millions of lives for
establishing, amongst others, fundamental human rights?
Bangladesh Supreme Court.