Government accountability: Suing for damages due to poor road conditions?
In the heart of Bangladesh, Jagat Bazar receives approximately 12 truckloads of essential goods every day. However, the poor condition of the highway causes significant delays, impacting the timely delivery of these goods.
Recent photographs of the highways reveal a grim sight, with roads crumbling amid repairing delays, crippling the movement of both goods and commuters. This state of disrepair is not only a nuisance but also a major threat to life, as road accidents are a recurring menace.
Reckless driving, overtaking, engineering faults, unfit vehicles, and disregard for traffic rules contribute to these accidents, resulting in unabated deaths. Unfortunately, the right to safe roads is not explicitly recognised in the Bangladesh Constitution, limiting the scope of remedies from the High Court.
The mismanagement of roads is not just a local issue; it is negatively impacting the country's trade sector, particularly the import-export sector. The cost of transporting goods has almost doubled due to the poor condition of roads, such as the Cumilla-Sylhet highway. This has led to heavy losses for bus owners in Brahmanbaria, who are forced to increase fares for passengers.
In some cases, essential goods suppliers are forced to sell products at the purchase price just to stay competitive, leading to business losses and affecting the prices of goods. The delay in goods delivery is also causing significant losses and price fluctuations.
The poor condition of the roads is not only a problem for heavy vehicles. Motorcyclists are also at risk. A resident of Mohammadnagar, Khulna, suffered fractures in eight ribs and his collarbone due to a motorcycle accident on a dilapidated road, incurring nearly one lakh taka in treatment costs.
The monsoon season exacerbates the problem, with potholes becoming one of the culprits for accidents, making journeys feel like riding on the moon. The heatwaves in April, due to unplanned urbanization, turn many parts of Dhaka and elsewhere into heat islands, further complicating the already challenging road conditions.
Heavy trucks frequently break down and accidents are common on the damaged roads. The damaged roads in Bangladesh prevent heavy trucks from transporting goods at full capacity, leading to increased costs. These factors combined make deaths on roads not mere accidents but the manifestation of these challenges.
The Road Transport Act of 2018 includes a provision for a compensation fund for accidents, but its effective implementation has been lacking. The Bangladesh Roads and Highways Department (RHD) under the Ministry of Road Transport and Bridges is responsible for the maintenance and preservation of roads in Bangladesh, including those damaged by violence or material wear.
In a positive development, the Supreme Court of India has unequivocally stated that access to safe, motorable, and well-maintained roads is an essential part of the fundamental right to life under the Constitution. This could serve as a guiding principle for Bangladesh in its efforts to improve its road infrastructure.
In 2015, the Bombay High Court declared that properly maintained roads are a part of people's fundamental rights - right to life and right to personal liberty. Similarly, in 2019, the Karnataka High Court allowed citizens to seek compensation from the civic authority for loss or damages caused by bad footpaths and roads.
Improving Bangladesh's road infrastructure is not just about smoother journeys; it's about saving lives, boosting the economy, and ensuring a better quality of life for all. It's a challenge that requires urgent attention and action.
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