Update on Tazreen Factory Fire Victim and Pending Justice

October 21, 2013 - Current News, Tazreen Garments Fire - no comments

Source: BDnews 3, October 2013

The High Court is dissatisfied over the government’s failure to report back to it about the treatment facilities provided to a Tazreen Fashions fire victim.

The bench of Justices Md. Rezaul Haque and ABM Altaf Hossain on Thursday ordered the Home Ministry, Labour and Employment Secretary and the Director General of the Directorate of Drug Administration to report on the matter by Oct 7.

The lawyer who moved the petition was also asked to send the copy of the order to the defendants.

While the medical diagnosis say, Sumaya has an extremely rare form of cancer called inflammatory myofibroblastic tumor (IMT) in her sinus and eye cavity. Sumaya describes her illness and pain very differently, "When the factory caught on fire, I was stuck inside the burning factory for hours. It was pitch dark. I was inhaling smoke. Screaming from my guts, running around to get out. Tripped over a sewing machine and fell down. My nose started bleeding immediately, I couldn't breath. The black poisonous smoke I inhaled while I was inside the blazing factory now turned into small insects. They bite me from inside. They like to eat my brain. These monstrous ants are walking beneath my skin, right here, behind my eyebrows. Everyday they start biting me right before Maghreb. I inhaled smoke, smoke became insects. They will eat me alive." Photos taken by Ayon Rehal (10/9/2013) and transcripts from a conversation with Nischintapure Nribiggani (20/8/2013).

While the medical diagnosis say, Sumaya has an extremely rare form of cancer called inflammatory myofibroblastic tumor (IMT) in her sinus and eye cavity. Sumaya describes her illness and pain very differently, “When the factory caught on fire, I was stuck inside the burning factory for hours. It was pitch dark. I was inhaling smoke. Screaming from my guts, running around to get out. Tripped over a sewing machine and fell down. My nose started bleeding immediately, I couldn’t breath. The black poisonous smoke I inhaled while I was inside the blazing factory now turned into small insects. They bite me from inside. They like to eat my brain. These monstrous ants are walking beneath my skin, right here, behind my eyebrows. Everyday they start biting me right before Maghreb. I inhaled smoke, smoke became insects. They will eat me alive.”
Photo taken by Ayon Rehal (10/9/2013) and transcripts from a conversation with Nischintapure Nribiggani (20/8/2013).

The HC on Sep 23 ordered the government to look after the treatment of Sumaiya Khatun, a Tazreen factory worker who was injured in the deadly fire that left over 100 of her colleagues dead on Nov 25 last year (Ensure better treatment for Tazreen fire victim: HC)

The three defendants were asked to report back to court on Sumaiya’s treatment by Oct 1.

The report was not submitted until Thursday afternoon.

In his argument on Sept 23, the petitioner lawyer, Jyotirmoy Barua, had said Sumaiya developed cancer due to the lack of treatment to the injury she had suffered in the fire.
She was admitted to the United Hospital by some individuals after being without treatment for some time. But the cost of her treatment could not be borne by those individuals anymore.

The court directive comes following this argument.

“The court’s order was not followed. The court has given a new order,” said Barua.

Deputy Attorney General Biswajit Roy said they failed to reply to the court as the defendants had not filed their report.

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On April 28, three anthropologists–Naznin Akter Banu, Saydia Gulrukh Kamal and Mahmudul Hasan Sumon–filed a writ petition, seeking directives for the arrest of Tazreen’s owner Md Delwar Hossain to ensure his trial for criminal liabilities.
Timeline | Struggle for Justice
24 November 2012 – Tazreen Fashions Factory Fire

112 Workers burned to death in locked Factory – Click for Initial investigation report and details of intial writ petition

If the action was taken as the probe committee had recommended, Rana Plaza disaster might have been averted

12 December 2013  Activists Storm BGMEA headquarters and demand arrest of owner Delowar Hossain

17 December 2013  Four member probe body had found evidence of “unpardonable neglect” on the part of owner

The PIL writ petition was filed by three anthropologists, Naznin Akhter Banu, Saydia Gulrukh Kamal and Mahmudul Hasan Sumon, seeking a directive from the High Court for arresting Delwar.

28 April 2013  Writ Petition Filed Against Tazreen Owner

The writ also challenged the validity of inactiveness of authorities concerned to arrest the garment owner and sought the HC directive to take legal steps.

19 May 2013  HC orders govt to arrest Tazreen owner immediately It also issued a rule asking the government to explain within four weeks why it should not be directed to take legal action against Delwar Hossain though filing a case in connection with the incident.

It also asked the government to explain why its inaction of taking legal action against him should not be declared illegal.

10 June 2013 Govt gets stricture for inaction in arresting Tazreen owner

Public interest writ petitioners’ lawyer Jyotirmoy Barua submitted that he had with him the addresses and phone numbers of 37 workers of Tazreen Fashions, missing since the fire.

The petitioners said that Delwar could not escape liability of killing 112 workers in the devastating fire that broke out on November 24, 2012 due to his irresponsibility.

20 June 2013 Tazreen Garment Tragedy: Govt foot-dragging delays justice

Court wanted to set a standard regarding compensation, punishment for negligence and other issues related to the garment industry and tragic incidents in factories.

The judge said the court wanted to look into responsibilities of different stakeholders like Rajuk as it approves building plans, fire service office as it issues and renews fire licences every year, labour ministry as it deals with compensations to victims, and the BGMEA as it is the garment factory owners association.

Unnecessary Delays

Delays in submitting an existing report to the High Court
The court expressed extreme displeasure over the repeated failures on the part of the home secretary to submit to it the report of the government’s probe committee on Tazreen’s factory fire.

  • On May 19, the HC had directed the home secretary to submit the probe report to it on May 30.
  • The bench had also asked the IGP to keep it informed about any headway in investigation into the Tazreen fire case.
  • At the previous hearing on May 30, over the authorities’ failure to produce Delwar in the court, deputy attorney general Biswojit submitted that the government was not aware about his whereabouts.When Biswojit was making his submission Delwar was very much present in the court room.
  • The court asked AAG Zahangir to find out from the IGP and the home secretary whether Tazreen Fashions owner was above the law and how else he could roam free.
  • Why Delwar (owner) was not arrested and prosecuted as the probe report had recommended, the court demanded to know.
  • The Corporations ”union” BGMEA (Bangladesh Garments Manufacturers Employers Association) have been doing NOTHING for health and safety in a series of such accidents in the last decade. New Age Exclusive: Can the Bangladesh Garment Manufacturers Exporters Association be trusted? In April 2005 it set up an inquiry into the collapse of the Spectrum factory which killed 64 workers. The report published two months later made a set of recommendations concerned with building safety. In the eight years since the then and the collapse of Rana Plaza which last month killed over 1100 workers, the BGMEA did absolutely nothing, not a single recommendation was implemented, New Age reveals. http://www.newagebd.com/detail.php?date=2013-06-10&nid=52359