The court directed the DMA to provide a list of all member nursing homes to the DGHS
The safety of the public, especially staff and patients at nursing homes, is crucial, the Delhi High Court recently emphasised. The court directed the Directorate General of Health Services (DGHS), the Delhi Fire Service (DFS), and the Delhi Development Authority (DDA) to form a joint committee to inspect fire safety compliance at all nursing homes that are members of the Delhi Medical Association.
In its July 3 order, Justice Sanjeev Narula of the Delhi High Court stated, “The recent fire breakouts at nursing homes have brought to the fore significant lapses in fire safety compliance. Consequently, the Court’s immediate priority is to safeguard the public, and ensure the basic fire safety equipment, as mandated by law, is installed at the premises of private nursing homes.”
The High Court was addressing a plea from the Delhi Medical Association (DMA), which challenged an August 2, 2019 directive from the DGHS. This directive requested the DFS to conduct a fire safety audit of all private hospitals and nursing homes in Delhi. The DMA also sought to overturn a show cause notice issued to a nursing home for not meeting the fire and life safety requirements outlined in the National Building Code of India, 2016.
The court directed the DMA to provide a list of all member nursing homes to the DGHS. After inspections, the joint committee must create a detailed report outlining all non-compliances, except for structural defects, with fire safety norms by the nursing homes. The report should be submitted within four weeks of the inspection.
The High Court instructed the joint committee to issue notices to nursing homes that fail to comply, specifying the defaults and suggesting alternative remedial measures. A reasonable time frame should be given to these nursing homes to ensure compliance.
The petitioner noted that the Delhi government had set up a sub-committee on November 27, 2019, to review the status of nursing homes concerning various laws, including fire prevention. Various stakeholders participated in the committee’s consultations.
“It is pointed out that the sub-committee established in 2019 for reviewing the fire safety measures installed in nursing homes, has not rendered their final report/recommendations. Given the significance of the issue, especially the ramifications of improper compliance with fire safety regulations, the Court requests the sub-committee to promptly conclude their deliberations and submit a final report to the Court. The report must contain alternative corrective measures for infrastructural deficiencies of the nursing homes so that an effective mechanism can be established, while safeguarding public interest,” the High Court further said.
The High Court also noted that, according to the National Building Code (NBC), hospitals and nursing homes less than 15 meters in height must have fire extinguishers, first-aid hose reels, wet risers, yard hydrants, automatic sprinkler systems, manually operated electronic fire alarms, automatic detection and alarm systems, underground static water tanks, and terrace tanks.
The DMA argued that their member nursing homes have these amenities but face challenges with “infrastructural prescriptions,” such as underground water tanks and the broadening of stairways and corridors. They claimed it is difficult for nursing homes to demolish existing structures to meet these statutory requirements.
Despite these challenges, the court deemed it necessary to order an inspection of the nursing homes in the association to assess the current fire safety provisions.
