As dozens die in recent fire tragedies in Delhi and Lucknow, a PIL in the Supreme Court has sought a direction to the Centre and others to formulate a uniform national fire and life safety framework for high-risk public occupancy premises across India.
Filed by advocate Narendra Kumar Goswami, the PIL submitted that the framework should cover schools, coaching centres, hostels, hotels, guest houses, bed-and-breakfast establishments, restaurants, malls, cinema halls, hospitals and other commercial premises with high footfall.
Goswami wanted the top court to direct states and Union territories to conduct within three-four months a special fire and life safety audit of high-risk public occupancy premises, prioritising coaching hubs, schools, hospitals, hotels, restaurants, banquet halls and malls.
The authorities should ensure special protection for children and students by prohibiting the operation of schools, coaching centres, hostels, PGs, libraries from unsafe basements, illegal floors, congested staircases, single exit premises or structures without safe evacuation and fire safety compliance.
A national expert committee should be set up to recommend the final framework in a time-bound manner, he demanded.
Citing recent fire tragedies in the national capital and Lucknow, the PIL contended that one of the gravest reasons for such recurring incidents was the “absence of a uniform enforceable national minimum fire and life-safety framework for high-risk public occupancy premises”.
It also referred to several other major incidents, including the Uphaar Cinema fire, the AMRI Hospital fire, the Surat Takshashila Arcade coaching centre blaze, the Anaj Mandi fire, the Rajkot TRP Game Zone fire to emphasize the need to put in place a uniform fire safety norms across India.
The petitioner sought a direction for preservation of all inspection records, fire NOCs, occupancy certificates, licences, CCTV footage and correspondence relating to the fire incidents in Delhi’s Malviya Nagar and Lucknow’s Aliganj, without interfering with the ongoing probe.
Twenty one lives were lost in a fire at a bed-and-breakfast establishment in south Delhi’s Malviya Nagar on June 3, while 15 people were dead and nine were injured in a fire at a three-storey commercial building at Aliganj, in Lucknow’s Aliganj on June 22.
Noting that repeated occurrence of tragedies after judicial and administrative warnings showed that isolated FIRs and post-facto committees were constitutionally insufficient, the petitioner said Article 21 – which guaranteed right to life — required prevention, not merely condolence.
The PIL urged the top court to direct the Centre and other authorities concerned in consultation with states and union territories, to “frame within a time-bound period a national minimum fire and life safety compliance, audit, disclosure and accountability framework for high-risk public occupancy premises”.
It sought a direction to all states and Union territories to file affidavits before the court with district-wise data of high-risk premises, including the number of those without a fire no objection certificate (NOC).
Basements, rooftops, mezzanines, temporary structures and unauthorised floors should not be used for activities like classrooms, libraries, coaching, restaurants, sleeping accommodation, hostels, unless specifically approved for such occupancy and fully compliant with fire and life safety norms, the PIL submitted.
There should be mandatory departmental proceedings and criminal law consideration against public officials who knowingly permit, certify or fail to act against high-risk premises lacking mandatory fire and life safety compliance, the PIL submitted.
