Can't Allow Boat Operators To Make Money At Cost Of People's Lives: Kerala High Court Issues Preliminary Directions To Avert Overloading

Following the unfortunate Tanur boat tragedy that claimed 22 lives, including that of 15 children, the Kerala High Court on Friday issued preliminary directions to avert any further boat accidents in the State.

As per media reports, the tourist boat that had allegedly been functioning without the mandatory fitness certificate, had possibly capsized due to overloading. It is alleged that the boat which only had around twenty seats, had accommodated persons over and above its capacity.

While continuing its suo motu proceedings in the matter, a Division Bench comprising Justice Devan Ramachandran and Justice Sophy Thomas was resolute that inter alia, overloading of boats, whether tourist and passenger, has to be restrained.

"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 orally remarked.

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."

After hearing Sr. Government Pleader V. Manu and Amicus curiae V. Shyamkumar, the bench issued following preliminary directions:

A. Exhibition Of Board Indicating Number Of Passengers Permissible

Court directed that appropriate Orders and circulars had to be issued by the competent authorities to all the boat owners and operators to conspicuously exhibit a board at point of embarkation, exit and within the cabins, both lower and upper deck in English and Malayalam, showing the number of passengers that can be allowed on it. "This will certainly go some way in alerting persons who board the boat," it remarked.

The Court further noted that while the structure of the boat is a matter which would have to be gone into in detail, the aspects regarding its upper deck, and maximum people who can be allowed to board on it are "as vital as the maximum people who can be allowed to board the boat". It thus directed that the same should be displayed in the aforementioned board specifically showing the maximum capacity for the lower and the upper deck - where the boat has one, and that the operator and the 'serang'/master of the boat would have to ensure that these are not violated in any manner. 

B. Register On Record Of Passengers

The Amicus Curiae had made some preliminary suggestions in the matter today. These include firstly, there being a written record of number of passengers, showing men, women and children separately for every boat, which is certified by a designated employee who should also be in charge of the embarkation; and secondly, such person being vested with the duty to ensure that sufficient life saving equipments including life jackets, buoys, etc are made available in every boat, and no passenger being allowed to travel without the same. 

The Court therefore directed that the authorities shall consider the suggestion and the modalities, and inform the Court regarding the same by the next posting date. The Court added that the driver/serang/master would be responsible for the embarkation of the passengers to the maximum limit as is legally permissible and shall be held responsible in case of any violation noticed by competent authorities.

"The said person will also be fully responsible to ensure that the passenger entry is restricted only to the areas to which it is permissible and other areas are sufficiently barricaded taking into account the stability parameters of the respective boat," it further observed. 

C. Insurance Of Tourist Boats 

During the hearing today, the Court was informed that boats are legally mandated to be covered by insurance. It thus directed the respondents in the case to inform the Court by the next posting date as to whether every tourist/passenger boat in Kerala is covered by a proper insurance within the legal framework applicable, and the steps required to be taken to ensure the same.

It added that the other requirements for a boat, including its statutory certifications, and so on, would also be considered by the Court in due course of time. 

The matter has been posted for further consideration on June 7, 2023. 

Case Title: Suo Motu v. State of Kerala