IN RE Vs. IN RE: THE PROPER TREATMENT OF COVID 19 PATIENTS AND DIGNIFIED HANDLING OF DEAD BODIES IN THE HOSPITALS ETC.

JUDGEMENT

(1.) We have heard Shri Tushar Mehta, learned Solicitor General for India and learned counsel appearing for various States. By our order dated 27.11.2020 passed in this proceeding we have taken suo motu cognizance of the incident which happened in Rajkot, Gujarat on 26.11.2020 resulting in death of Covid patients in the Covid Hospital. The Court has also taken notice of earlier incidents of fire in Covid Hospitals. Learned Solicitor General had submitted that immediate steps shall be taken and the report will be submitted. State of Gujarat was also directed to submit the report.

(2.) Affidavits have been filed by Union of India on 30.11.2020 and 11.12.2020. The Union of India in its affidavit dated 30.11.2020 has brought on record the letter dated 28.11.2020 issued by Ministry of Home Affairs, Government of India. The Government of India issued advisory to all the States to prevent the recurrence of fire incident in Covid Hospitals and Nursing Homes. The Union of India has called for the status of implementation of guidelines issued in reference to preventing recurrence of fire accidents in Hospitals, status of 'No Objection Certificate', report regarding inspection and re-inspection of Hospitals and Nursing Homes. In pursuance of the orders issued by Union of India to all the States, status reports were sent to the Union of India which has been compiled in Affidavit dated 11.12.2020. Although different States and Union Territories have taken measures and conducted inspections, found out shortcomings regarding prevention of occurrence of fire in the Hospitals and Nursing Homes, further, audits and inspections are required to be taken. Few States have also filed their separate affidavits enumerating their steps taken by them in compliance of the advisory and requirement for. The Union of India has directed the States and Union Territories to update their respective local building bye laws/fire services synchronising them in line of "Model Bill on maintenance of fire and emergency service, 2019", circulated by Ministry of Home Affairs on 16.09.2019.

(3.) The State of Gujarat has filed separate affidavit bringing on record the directions issued by the State and the details of inspection undertaken and audit of few dedicated Covid hospitals. It has further stated that a nodal officer for fire safety has been appointed in dedicated covid hospitals (Government and Private hospitals). We with regard to above, issue following directions:-