States must adopt new laws to avoid boat tragedies
In almost all boat tragedies at tourist locations around the country, the predominant cause is gross overloading of the boat. The other contributory factors include the absence (or inadequate number) of life jackets, life buoys and other safety equipment, besides defective, unregistered boats driven by untrained, unlicensed drivers. In short, a blatant violation of boat safety norms by service providers and failure of the administration to prevent such violations and ensure consumer safety.
The reasons for the boat mishap near a beach in Mallapuram district of Kerala are no different going by the initial reports on the tragedy on May 7 that killed 22 persons on board the tourist ferry ‘Atlantic’. Here, too, the boat, with a capacity to carry 22, was ferrying almost 40. Questions are also being raised about the design and structural compactness of the boat and the qualifications of the driver. But worse, the boat reportedly did not even have the mandatory registration to ferry tourists. Yet, the owner was allowed to operate, carry twice the number of passengers permitted on board and even set sail at a prohibited time — after dusk, compromising at every step, passenger safety. The complicity of the administration in this crime deserves more severe punishment than that of the owner, because they had a statutory duty to protect those who took the cruise.
The grave tragedy should force not just Kerala but all other states and union territories to shed their apathy towards inland water transportation, tighten their enforcement machinery and bring transparency and accountability in the administration of the law. Besides, they should also move away from old rules framed under the over 100-year-old Inland Vessels Act 1917 and start implementing the Inland Vessels Act 2021 that came into force in 2022, replacing the old Act. The new Central legislation is aimed at improving the quality and safety of inland water transportation and heralding uniformity in the application of the law in the country.
Like the old law (the Kerala IV Rules, 2000, are framed under the old law), the new law, too, prohibits using or plying of any mechanically propelled inland vessel without a Certificate of Survey and a Certificate of Registration. Since these provisions are meant to ensure the safety of the vessel, the law mandates expert scrutiny, beginning with the design and the construction of the ferry till its completion, so that the vessel meets all quality and safety standards in respect of strength, stability and buoyancy.
After the Certificate of Survey is issued, the owner has to apply for registration from the registering authority, which will again inspect the vehicle for compliance with rules, presence of safety equipment, third-party insurance and passenger amenities. To further tighten this process, the new law specifically prohibits construction or modification of any vessel without the prior approval of the designated authority. For violation of this Section, it holds not only the boat owner, but also the owner of the yard where it was constructed or modified, liable for penalties.
Since overloading is the main cause of boats capsizing at tourist destinations, the new law empowers state governments to detain, forfeit or remove from its inland waters any mechanically-powered vessel carrying more than the permitted number of passengers. Such powers can also be exercised against ferries plying without the valid certificates of survey and registration. Besides suspension and cancellation of registration, the law imposes fines ranging from Rs 10,000 to Rs 3 lakh and imprisonment up to three years for various violations.
Of course, enforcement is the key and that is where most implementing agencies fail the consumers. In fact, even with the existing Rules under the old Act, the Mallapuram boat tragedy could have been averted if only the state government had enforced them stringently. In this age of digital technology, it is not difficult to monitor cruises for overloading or any other violation through CCTV cameras. Besides, the ferries could be equipped with alarms that go off when they are overloaded. Seeking consumer feedback through helpline numbers displayed on boats would also help. To borrow an old saying, if there is a will, there is a way!
As per the National Crime Records Bureau, there were 270 cases of capsizing of boats in the country during 2021, resulting in 259 deaths and 30 injuries. Not all of them would have been tourist cruises, but almost all of them could have been avoidable, man-made disasters.
Meanwhile, I would urge all consumers to be extremely alert while going on a cruise on inland waters. Check the registration number and its validity and the maximum number of permissible passengers. Check the weather too on your mobile. Choose a life jacket that fits you and secure it properly. Never go on a boat filled beyond its declared capacity. Remember, a couple, who was on board the ‘Atlantic’ and survived, attributed it to their insistence on wearing life jackets! Another couple, too, escaped possible death, by refusing to board the overloaded boat.
— The writer is a consumer rights expert
