Safety Of Patients, Staff Is Of Paramount Importance: Delhi High Court Directs Inspection Of Nursing Homes For Fire Safety Compliance

The Delhi High Court has directed the Directorate General of Health Services, Delhi Fire Service and Delhi Development Authority to form a Joint Committee and immediately inspect the private nursing homes to demine whether they are following fire safety norms or not.

Justice Sanjeev Narula was considering the petitioners' challenge to a communication dated 02.08.2019 issued by Directorate General of Health Services, Government of NCT of Delhi (respondent no.2), instructing the Delhi Fire Service (respondent no. 3) to audit fire safety measures in all private hospitals and nursing homes in Delhi. The petitioners also sought to quash the show-cause notice dated 06.06.2019 issued to nursing home for not meeting current fire and life safety standards.

The petitioners contended that as nursing homes are on 'mixed use' lands in residential areas, they need not obtain a fire safety certificate and that respondent no. 2 and 3 are erroneously considering the nursing homes as 'institutional buildings' and insisting on fire safety clearance for registration renewal. Whereas, respondent no.1 contended that the nursing homes are 'institutional occupancy buildings'. Since they are below the height of 15 metres, they have to obtain a fire safety certificate as per Delhi Fire Service Rules, 2010 and the Unified Building Bye Laws, 2016.

The High Court expressed serious concerns about the recent fire breakouts in nursing homes that has revealed grave lapses in fire safety compliance. Considering the need to protect the staff and patients enrolled at nursing homes, the Court remarked that its immediate priority was to ensure that basic fire safety equipment are installed at private nursing homes.

“The safety of the public, particularly the staff and patients enrolled at the nursing homes, is of paramount importance. Consequently, the Court's immediate priority is to safeguard public safety and ensure that the basic fire safety equipment, as mandated by law, are installed at the premises of private nursing homes. Thus, notwithstanding the Petitioners' contentions concerning the challenges in implementing infrastructural alterations, in order to assess the prevailing provisions for fire safety, the Court deems it apposite to order an inspection of the nursing homes that form part of Petitioner No. 1-association” the Court said.

The Court ordered the inspection of the nursing homes forming a part of the petitioner no.1's association. It directed respondents 2, 3 and 4 (Delhi Development Authority) to constitute a Joint Committee for the inspection of the nursing houses and prepare a report detailing all non-compliances with fire safety rules, except for structural defects after the inspection.

The Court stated that the Committee may issue notices to the non-complying nursing homes, specifying the defects and suggesting any alternative remedial measures that could be adopted by them.

Case title: Delhi Medical Association & Anr. vs. Govt NCT of Delhi & Ors.

Citation: 2024 LiveLaw (Del) 760

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