Broken roads, broken lives: Can you sue the government for compensation?

Are broken roads a major threat to the right to life guaranteed by the constitution? Can you sue your government seeking compensation for the damage incurred to your life and business due to broken roads? 

Do the questions sound ridiculous? The answers, however, lie in the details.   

Both in summer and winter, dusty roads are merciless to choke our lungs. 

In addition, April appears to be the cruelest month. Severe heatwave runs through the month turning many parts of Dhaka and elsewhere into heat islands due to mainly unplanned urbanisation. 

Monsoon brings happy showers but also a recurring nightmare for commuters: potholes—one of the culprits for accidents. Journey feels like riding on the moon.

The pictures of the roads TBS recently published does not need any separate caption. They themselves tell how our highways are crumbling amid repairing delays crippling movement of goods and commuters. 

Dangers always lurk on our roads, be it highways or cities or rural ones. The total cost of what we are paying remains beyond calculation. As road accidents remain unabated, deaths have now become numbers. Deaths on roads are not mere accidents. It is the manifestation of reckless driving, overtaking, engineering faults on roads, movement of unfit vehicles and disobedience to traffic rules. 

They have long been blamed for road accidents. These deaths time and again appear as the glaring example of how people's right to life guaranteed by the constitution has become pointless.

Death of the lone bread earner of a family left other family members to suffer for the rest of their lives. Those who survive with severe injuries pay for long broken lives.

The other part of the damage is like slow death. Driving over bumps and potholes significantly reduces the longevity of the vehicles causing enormous economic loss. Mention not the physical damage to the commuters. Bumpy rides lead to musculoskeletal issues like back and neck pain. More severe injuries such as spondylitis or disc damage and more also happen. We all live broken lives. Productivity falls. People face financial hardship. Business suffers along with us as well.

There is a government in order. It has numerous arms. Some of them are responsible for fighting dust in winter, taking measures to reduce heatwave in April and building, maintaining and repairing roads. Taxpayers are paying for everything.

Infographics: TBS

But in return, what they get is nothing but broken roads to commute and ultimately end up with broken lives. It's not for natural disasters, but for the failure of the authorities to perform their duties.     

Let's now answer the question: can you sue the government seeking compensation for the damage incurred to you due to broken roads?

The Supreme Court of India in a landmark verdict in last July unequivocally said access to safe, motorable and well maintained roads is an essential part of the fundamental right to life under the Constitution and the right to travel to any part of the country is a basic right.

Life is not about mere existence. Many judicial pronouncements say right to life includes also the right to those which make life with dignity possible -- like food, water, health care, education, and shelter -- all those are daily necessities of life. And people need to work, need to move to manage the necessities.  

This is why in 2015 the Bombay High Court in a landmark order declared that properly maintained roads are a part of people's fundamental rights -- right to life and right to personal liberty. 

It also announced: "It is high time that all concerned clearly understand that the right to have properly maintained roads is a part of fundamental rights [right to life and right to personal liberty] guaranteed by the constitution and in the event any loss is caused due to its violation, the citizens have a right to seek compensation."

The Karnataka High Court in 2019 came up with the same verdict. It also declared that citizens can knock on the doors of the High Court to seek compensation from the civic authority for loss or damages caused by bad footpaths and roads.

The Bombay High Court however long ago set precedence of awarding compensation.

In a 2011 case, the high court had ordered the state government to pay Rs 2 lakh to the family of a 42-year-old biker from Nashik who fell into a ditch and died. Later in some other cases, the court awarded compensations while holding the municipal agencies liable for being negligent or for dereliction of duty in maintaining civic amenities.

Article 21 of the Indian Constitution and article 32 of Bangladesh Constitution both speak for the right to life in the same spirit. 

Then why is access to safe roads not announced as our fundamental right too? 

"Right to safe roads is not clearly recognised in our Constitution, limiting scope of getting remedies from the HC"

Ahsanul Karim

Constitutional Expert and Senior Advocate of Bangladesh Supreme Court

Although Article 36 of our Constitution guarantees citizens the freedom of movement, the right to safe and well-maintained roads fit for vehicular movement is not explicitly recognised. As a result, when someone suffers damage due to road mismanagement, there is no clear legal avenue to claim compensation.

Even though the Road Transport Act of 2018 (RTA 2018) includes a provision for a compensation fund for accidents, the law has not been effectively implemented. The rising number of road accidents in the country is highly alarming and concerning. However, no significant steps are being taken to address the issue. 

Often, families of the deceased or injured victims of accidents file cases in judicial courts, but the legal process eventually fails to yield fruitful outcomes. In the past, it has been observed that those responsible for accidents—either the vehicles involved or their owners—are often protected by influential leaders from transport workers' or owners' associations affiliated with the ruling party. As a result, the expected justice is not served. 

In some cases, petitions are filed in the High Court under Article 102 of the Constitution seeking compensation. But since the right to safe and well-maintained roads fit for vehicular movement is not clearly recognised, the scope of getting remedies from the High Court is also limited. 

The mismanagement of roads is also negatively impacting the country's trade sector. Addressing this is urgently needed. The import-export sector, in particular, is suffering significant losses. If a strong legal framework is not established and the current situation continues, road mismanagement will continue to put not only people's lives at risk but also the commercial sector.

If the government has the will, it can amend the Constitution to include the right to safe and well-maintained roads—just as India has done. Additionally, new laws can also be formulated. However, merely giving constitutional recognition or enacting new laws is not enough. The government must also take responsibility for effectively raising awareness among transport drivers, owners, and staff.

Recently, the Supreme Court of India made an important observation in a ruling that recognised the constitutional right to safe and well-maintained roads. As the guardian of the Constitution, Bangladesh's Supreme Court can also take similar Suo Motu (on its own motion) action on such matters. Any individual or organisation may also approach the court regarding this issue. 

The Supreme Court is called the guardian of the Constitution because it is the highest interpreter of the Constitution. It has the authority to declare any law or action that conflicts with the Constitution as invalid and protects citizens' fundamental rights. It plays a crucial role in safeguarding the sanctity of the Constitution and preventing the abuse of power by different branches of the government.

The Indian Supreme Court's ruling came in the context of an individual initiative to construct a road. If the government of Bangladesh encourages similar individual initiatives in road or flyover construction, the quality of road management may improve. In developed countries, there are systems in place where an individual or organisation can construct a road, bridge, or flyover, and, based on a contract with the government, collect tolls from that road or structure for a period of 10, 20, or a specified number of years. This will also ensure better management of the newly-built road, bridge, or flyover. 

"The cost of transporting goods has almost doubled"

Al Mamun

President, Jagat Bazar Business Committee in Brahmanbaria

Our Jagat Bazar trades in essential commodities such as onions, ginger, garlic, sugar, and edible oil. Every day, goods are brought in by truck from Chattogram and Cumilla, which means we must rely on the Cumilla–Sylhet highway. 

However, the poor condition of this highway begins from the Tanter Bus Stand in Akhaura, Brahmanbaria. As a result, the cost of transporting goods has almost doubled. 

The truck rental from Chattogram to Brahmanbaria used to be Tk15,000-16,000. Now, citing the dilapidated state of the highway, truck rentals have risen to Tk25,000-27,000. 

On average, 12 truckloads of essential goods enter Jagat Bazar every day, but due to the poor condition of the highway, it takes several hours longer than usual for the goods to arrive.

This delay is causing business losses and also affecting the prices of goods. In some cases, we are even forced to sell products at the purchase price just to stay competitive. For a long time, we have been incurring losses solely because of these broken roads.

Normally, large trucks can carry 16 tonnes, but the damaged roads mean we cannot transport goods at full capacity. Heavy trucks frequently break down, and accidents are common. As a result, we often have to transport less than the full load. My business supplies soft drinks and mineral water to various markets, and transporting these products along the dilapidated highway has further increased the costs. 

"Owners suffering heavy losses and passengers are also being forced to pay higher fares"

Mohammad Hanif

General Secretary, District Bus and Minibus Owners' Association, Brahmanbaria

Highlighting our financial losses, our organisation has sent at least three letters to the District Administration and the Roads and Highways Department, urging the authorities to repair the dilapidated Cumilla–Sylhet and Dhaka–Sylhet highways.

Under our association, about 110 local buses operate on the routes from Brahmanbaria's Medda to Habiganj's Madhabpur, Nayonpur to Ashuganj, Bhadughar to Madhabpur, and Puniaut to Nabinagar. Among these, bus owners on the Nayonpur to Ashuganj, Medda, and Bhadughar to Madhabpur routes are suffering the most. 

For over a year, various stretches of the Cumilla–Sylhet and Dhaka–Sylhet highways in Brahmanbaria have been in a poor state, riddled with countless large and small potholes. Buses frequently break down, and parts are being damaged. 

Due to the poor condition of the two highways, the rear and front axles of buses are breaking, while tyres and tubes need to be replaced far more often. This is costing each bus an additional Tk10,000–15,000 per month in repairs. 

We have repeatedly demanded that the authorities repair the roads, but no action has been taken. As a result, not only are owners suffering heavy losses, but passengers are also being forced to pay higher fares.

Large potholes and stretches where the pitch has worn off make it impossible to maintain normal speed. Journeys are taking longer, the number of trips has decreased, and consequently, the incomes of both transport owners and workers have fallen.  

"The poor condition of the road is entirely responsible for my accident"

Bappi Khan

Road Accident Victim from Mohammadnagar, Khulna

Last June, I was coming back from a photography job along the Khulna-Satkhira highway, riding a motorcycle. My colleague was sitting behind me. As we were heading towards Khulna, a jackal suddenly ran across the road. I tried to brake, but the motorcycle slipped into a ditch. The road was in a dilapidated condition—full of potholes.

Because of this accident, nine bones of my body got fractured—eight ribs and my collarbone. Fortunately, my colleague was mostly unharmed, experiencing only slight pain.

I had to stay in the hospital for 21 days. After that, I was totally bed-ridden as I couldn't get out of bed for 1 month and 11 days. Later, even though I felt a little better, I had to stay on complete bed rest for another two and a half months. The treatment has already cost me nearly one lakh taka. I haven't recovered fully yet and still need to visit the hospital for treatment.

The poor condition of the road is entirely responsible for this accident. If the road was in good condition, a sudden brake would not have caused such an accident.