03 July 2024 Medical, Pharma & Healthcare >> Miscellaneous  

In a significant development in the matter of Delhi Medical Association & Another Versus Govt NCT Of Delhi & Others concerning public safety in Delhi, the Delhi High Court has issued directives mandating the inspection of private nursing homes across the city to ensure compliance with fire safety regulations. The court's decision follows a petition filed by representatives of private nursing homes challenging the requirement for fire safety audits and a show-cause notice issued by the Directorate General of Health Services (DGHS), Government of NCT of Delhi.

The petitioners, advocating for nursing homes situated on 'mixed use' lands in residential areas, contested the classification of these facilities as 'institutional buildings'. They argued that such classification obligates them to obtain fire safety certificates, which they deem unnecessary under current regulations.

In response, counsel for the respondents, Mr. Avishkar Singhvi, countered that nursing homes fall under the category of 'institutional occupancy buildings' as per Delhi Fire Service Rules and Unified Building Bye Laws. He emphasized the necessity for fire safety measures in these establishments, citing recent fire incidents that highlighted lapses in compliance and underscored the critical importance of public safety.

Acknowledging the concerns raised by both parties, the Court prioritized public safety, particularly of patients and staff in nursing homes, by ordering immediate actions to ensure adherence to fire safety norms. The Court's directives include:

1. Formation of Joint Committee: Respondents DGHS, Delhi Fire Service, and Delhi Development Authority (DDA) are instructed to constitute a Joint Committee. This committee will conduct thorough inspections of all nursing homes associated with the petitioners within a two-week timeframe.

2. Comprehensive Inspection and Reporting: The Committee is mandated to submit a detailed report within four weeks of inspection, outlining non-compliance issues related to fire safety norms (excluding structural defects).

3. Notice and Remedial Measures: Nursing homes found to be non-compliant may receive notices specifying their defaults and suggesting remedial measures. Adequate time will be provided for nursing homes to rectify these issues and achieve compliance.

4. Sub-Committee's Recommendations: The Court has urged a sub-committee, established in 2019 to review fire safety measures in nursing homes, to expedite its report. This report is expected to propose corrective measures for infrastructural deficiencies, aiming to establish an effective compliance mechanism while safeguarding public interest.

5. Monitoring and Follow-up: Mr. Avishkar Singhvi has been tasked with updating the Court on the sub-committee's progress during the next hearing scheduled for October 14, 2024.

The Court's decisions reflect its commitment to ensuring stringent adherence to fire safety standards in nursing homes across Delhi. While recognizing the challenges posed by existing infrastructures, the Court emphasizes the paramount importance of protecting public safety through rigorous enforcement of statutory fire safety requirements.

  Delhi Fire Prevention and Fire Safety Act, 1986