The Kerala High Court recently issued preliminary directions to prevent further boat accidents, following the unfortunate Tanur boat tragedy that claimed 22 lives.
According to media reports, the tourist boat, which had allegedly been operating without the required fitness certificate, may have capsized due to overloading. It is claimed that the boat, which only had about twenty seats, accommodated more people than it could.
While continuing its suo motu proceedings in the matter, a division bench comprised of Justice Devan Ramachandran and Justice Sophy Thomas was adamant that, among other things, overcrowding of boats, both tourist and passenger, must be avoided.
“Why should someone be allowed to make money at the risk and cost of someone else’s life? There may have been other underlying factors involved, but had the aspect of overloading been avoided, perhaps, the loss of life would have been averted or minimized,” the bench noted.
It thus went on to declare that “the fundamental imperative is to ensure that every boat in Kerala is allowed to ferry/carry persons only to the maximum capacity as certified by the competent authority…We have a duty towards these people, and to the Constitution. So the fundamental first duty is to prevent overloading. For that, we have to begin now.”
The bench issued the following preliminary directions after hearing Sr. Government Pleader V. Manu and Amicus curiae V. Shyamkumar:
- Display of a board indicating the number of passengers Permissible
The Court ordered that the competent authorities issue appropriate orders and circulars to all boat owners and operators requiring them to prominently display a board at the point of embarkation, exit, and within the cabins, both lower and upper deck, in English and Malayalam, indicating the number of passengers that can be accommodated.
- Register On Record Of Passengers
The Amicus Curiae had made some preliminary suggestions in the matter. These include, first, a written record of the number of passengers, showing men, women, and children separately for each boat, which is certified by a designated employee who should also be in charge of the embarkation; and, second, such person being vested with the duty to ensure that adequate life-saving equipment, such as life jackets, buoys, and so on, are made available in every boat, and no passenger being allowed to travel without the same.
- Insurance Of Tourist Boats
The Court was informed that boats are legally mandated to be covered by insurance. It thus ordered the respondents in the case to inform the Court by the next posting date whether every tourist/passenger boat in Kerala is properly insured within the legal framework in place, and what steps must be taken to ensure this.
It also stated that the Court would consider the other requirements for a boat, such as its statutory certifications, in due course.
The matter has been scheduled for further hearing on 7th June, 2023.
