Always check load capacity of boat, condition of life jackets

Pushpa Girimaji

The Vadodara boat lake mishap last month is a tragic replay of a similar disaster that struck the city on August 11, 1993 — a grim reminder that no lessons were learnt. In both cases, the cause of the calamity was the same — the boat was grossly overloaded, far beyond its carrying capacity. Only the lakes were different — while the earlier one was at Sursagar Lake, last month’s mishap took place at Harni Motnath Lake.

The similarities are uncanny. In both the cases, the Vadodara Municipal Corporation, entrusted with the upkeep of the lake, had entered into a contract for the boating facilities with a private party, which flouted all safety rules with impunity. The civic authorities had turned a blind eye to the violations. At Sursagar Lake, the boat, with a carrying capacity of 20, was loaded with 38 passengers, resulting in 22 deaths. In Harni Lake, the boat with a seating capacity of 14 carried more than twice its capacity, resulting in the death of 12 students and two teachers from New Sunrise School, who were there on an excursion. In both cases, life jackets and other emergency life-saving measures were either absent or inadequate.

A good quality, age-appropriate life jacket, when worn properly, can save lives in such emergencies, but obviously, when a boat is overloaded to twice its capacity, even if the passengers are asked to wear them, the numbers would be inadequate. Thus, what is most deplorable in both the tragedies is that despite knowing the dangers inherent to overloading a boat and in sending passengers sailing without adequate safety gear and emergency safety provisions, the contractor and the civic authorities carried on with this boating facility, putting to risk the lives of passengers.

Even more condemnable was that in the case of the Sursagar Lake, the civic authority argued before the consumer court and later the Supreme Court that the liability was that of the contractor, Ripple Aqua Sports, who was the service provider. There was no privity of contract between the passengers and the corporation and, therefore, the civic authority cannot be held accountable for the deaths, and the compensation, the corporation contended. In the Harni Lake case, too, obviously that will be the stand of the corporation and already the Gujarat High Court has told the civic authority that they cannot contract public utilities and forget to supervise them.

What the Supreme Court said in the Vadodara Municipal Corporation Vs Purshottam V Munjani and Others (CA No. 3594-3611 of 2010, date of order September 10, 2014) is squarely applicable in the present case too. Said the Supreme Court, “Mere appointment of a contractor or employee did not absolve the corporation of its liability to supervise the boating activities, particularly, when there are express stipulations in the contract entered into with the contractor. The corporation was not only discharging its statutory duties but was also acting as a service provider to the passengers through its agent. The corporation has a duty of care when activity of plying a boat is inherently dangerous and there is a clear foreseeability of such occurrence unless precautions are taken like providing life-saving jackets.”

The court reiterated that “where activity of a public body is hazardous, highest degree of care is expected and breach of such duty is actionable. The obligation is also referable to Article 21 (of the Constitution)”. The Supreme Court in this case upheld the view of the National Consumer Disputes Redressal Commission that both Ripple Aqua Sports as well as the civic authority were jointly and severally liable to pay compensation.

The Harni Lake tragedy as well as the Supreme Court’s judgment in the case of Sursagar Lake should serve as a wake-up call to civic authorities around the country to ensure the safety of boating services. Whenever boating activity is contracted to a private party, the government should not only draw up stringent safety norms but also ensure their strict compliance. Failure on the part of the civic authority to do so should not only invite criminal prosecution (in case of a tragedy), but also recovery of the compensation amount from the salaries of those found guilty.

Educational institutions that take students on such boating trips must also be doubly sure about the quality and safety of the boating facilities and never put at risk the lives of children entrusted to their care. In the case of the Harni Lake tragedy, it is unfortunate that the teachers at the school who accompanied the children had no sense of safety. As a result, 14 persons never saw the sunrise the next day! The school, too, should be held liable for the consequences of their negligence.

I would urge consumers to always check the load capacity of a boat (it will be painted on the boat) and never allow anyone to overload it. And wear a life jacket of an appropriate size and make sure that it is secured properly.

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