PIL highlighting Vivek Vihar neonatal nursing home fire: Treat as representation decide in 4 weeks, high court to Delhi govt

The plea stated that as per data from the Delhi government’s health department, “out of 1183 registered nursing homes in the capital, registration of 340 nursing homes has expired”. The counsel appearing for the petitioner said that these nursing homes are still running without considering the risk to the lives of innocent children. He stated that a representation had been made to the Delhi government and other authorities on May 28, however, no response has been received till now.

With respect to this PIL, standing counsel for Delhi government, Santosh K Tripathi said that the government does not treat the PIL “as an adversarial petition” and he has no objection if the PIL is directed to be treated as a representation to the government who shall “decide the same in accordance with law and take appropriate action”.

Meanwhile, the second PIL highlighted the fire incident at the neonatal nursing home at Vivek Vihar and sought the implementation of a “different set of basic norms” by smaller hospitals and nursing homes, such as having sprinklers and automatic fire alarms. It further sought inspection of smaller hospitals and nursing homes in Delhi for compliance of the already established fire safety norms under the Delhi Fire Service Rules, 2010.

Advocate K C Mittal, who appeared for the petitioner advocate Yugansh Mittal, said, “Can we have in Delhi nursing homes, the height of which is less than nine metres, without a fire safety certificate? We can’t even imagine it. You have to have rules. Who has to frame it? Unless your lordship gives a direction to that effect, representation consideration is of no consequence.”

With respect to this PIL, standing counsel for the Delhi government, Santosh K Tripathi said the government is “willing to incorporate all the just and fair suggestions with respect to firefighting norms”.

“Consequently this court disposes of the present petition by directing respondent 1 (Delhi government) to treat the present petition as representation and decide the same way of a reasoned order in accordance with law within four weeks,” the bench said.

Referring to a news report, Mittal said “1,000 hospitals are registered with the Delhi government, however, only 196 have fire NOC”.

He also said an earlier committee had formulated a different set of norms that could be implemented by smaller hospitals and nursing homes operating in residential areas. These proposed norms required the hospitals to have sprinklers and automatic fire alarms, among other requirements, but they did away with the condition of wide staircases and corridors. However, Mittal said, these norms never saw the light of the day. He also referred to the Maharashtra Fire Prevention and Life Safety Measures Act, which prescribes ‘Minimum Requirements for Fire Fighting Installations’.

“There have to be rules in places. According to us, there are no rules. Let them (Delhi government) frame it in a timebound manner. That is one essential requirement of any citizenry,” Mittal said.

To this, the bench orally said, “Let them take a call. Let’s not muddle the atmosphere. Today all the authorities are acting, the LG is acting, the police is acting, GNCTD is acting. They are trying to make an effort. You have highlighted a good point. You are on the right track. We will call for an action taken report.”