HC asks Kerala government to ensure that boats are not overcrowded

The Kerala High Court on Friday issued directions to the government to ensure that the boats operating in the State are not overloaded and display prominently the maximum carrying capacity on each vessel.

The court was hearing a suo motu PIL over the tragic boat accident that happened at Tanur in Malappuram district on May 7 that claimed 22 lives, including 15 children.

The bench, comprising Justices Devan Ramachandran and Sophy Thomas, noted that overloading was one of the major factors causing a boat accident.

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"...Therefore there is no doubt in our minds that the fundamental imperative is to ensure that every boat in Kerala is allowed to ferry or carry persons only to the maximum capacity as certified by the competent authority," the court said.

The court said similar incidents indicate with "a certain amount of certainty" that most of the accidents "happen on account of overloading on the boats in question".

The Bench considered the suggestion of the Malappuram District Disaster Management Authority (DDMA) that every vessel should be asked to display prominently, a board showing the maximum number of people allowed onboard and said it should be "implemented forthwith".

The High Court was referring to the Malappuram District Collector's report containing the minutes of the DDMA meeting, which was held earlier this year, issuing directions to boats in order to avoid overcrowding and follow other safety measures.

The court said that to avoid accidents, the directions of the DDMA, subject to modifications as required, must "be made applicable" to every boat operator in the state of Kerala.

The High Court also directed the Srang/Master of the boat to ensure that these are not violated in any manner whatsoever. The court, meanwhile, appointed advocate V M Shyamkumar as amicus curiae in the matter. It considered the preliminary observations of the amicus curiae that every boat should have a written record of the number of passengers showing men, women and children separately and that it should be certified by a designated employee who should also be in charge of the embarkation.

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"He (amicus curiae) also suggested that such a person should also be vested with the duty to ensure that sufficient lifesaving equipment including life jackets and lifebuoys etc are available in every boat and that no passenger is allowed to travel without it," the court said.

The court had arraigned the Kerala government, the District Tourism Promotion Council of Malappuram, the police chief and Collector of that district, Tanur Municipality, Port Officer, Alappuzha and senior Port Conservator, Beypore as initial respondents in the PIL.

The court today also sought the response of the authorities on the issue of whether boats are covered under insurance or not and posted the matter for further hearing on June 7.

Justice Ramachandran, who dictated the order, said the case will be called before the appropriate bench as directed by the Chief Justice.

The ill-fated boat capsised near an estuary close to the Thoovaltheeram beach at Tanur around 7.30 PM on Sunday. According to district officials, 15 of the deceased were minors aged eight months to 17 years and there were 37 people onboard.

The High Court had on May 9 termed as "shocking" and "haunting" the boat accident and initiated a PIL on its own to find out why the authorities allowed the vessel to operate by allegedly flouting rules.

On Monday, the Kerala government had announced a judicial probe into the matter and decided to give a compensation of Rs 10 lakh to the kin of the deceased.