The Supreme Court has come down heavily on the Gujarat government for a series of decisions regarding fire safety that appear to be contempt of court. The court also appeared flummoxed at the state government’s decision to submit its report in a sealed cover.

“What is this report in sealed cover? It is not a nuclear secret,” Justice DY Chandrachud was quoted as saying by Bar&Bench. Justice Chandrachud was hearing the case along with Justice MR Shah. The court also took umbrage to the state government’s decision to issue an executive notification that hospitals will not be required to adhere to fire safety norms till 2022.

The Bench slammed the state government, reportedly saying, “Once a mandamus is there, it cannot be overridden by an executive notification like this! You now give a carte blanche and say hospitals don’t have to adhere till 2022 and people will continue dying and be burnt…”

The Court has hearing a suo moto case concerning fire tragedies at Covid Hospitals after two cases in Rajkot and Ahmedabad. SabrangIndia had previously reported on the fire that broke out in the Intensive Care Unit (ICU) of Ahmedabad’s Shrey Hospital leading to the deaths of eight Covid-19 patients on August 6, 2020. Advocate Suhel Tirmizi, whose wife Ayesha was one of the victims, had filed a PIL demanding accountability be fixed on various state and hospital authorities. Then in November 2020, another inferno, this time at a Rajkot Covid care hospital claimed five lives.

Two significant orders by the Gujarat HC

Following this, the Gujarat High Court had passed two significant orders. On December 15, 2020, while passing orders in a batch of Public Interest Litigations (PIL) in connection with the Shrey Hospital fire case, the Gujarat High Court had made a series of pertinent observations and passed orders that are bound to have a far-reaching impact.

The court ordered the State of Gujarat “to enact a consolidated Code/Act/Guidelines for fire safety requirement for clinical establishments/hospitals of all kinds setting out minimum standards of fire safety standards to be maintained by clinical establishments/ hospitals such as across the State of Gujarat.” It also directed the state government “to frame rules and guidelines for fire safety in ICU wards of the hospitals.”

It further ordered all respondent authorities “to comply with the provisions of Gujarat Fire Prevention and Life Safety Measures Act, 2013 strictly in clinical establishments such as Hospital/Nursing Homes/ School buildings of the city of Ahmedabad.”

Significantly, it also directed respondent authorities “to make mandatory installation of sprinkles and a fire extinguisher in every room/ward of every Hospital/Nursing Home irrespective of its height with a view to protect lives of innocent and infirm patients who are not capable of escaping any disaster in case of emergency situations.”

Then on February 26, 2021, the court ordered that all Municipal Corporations mentioned in the PIL be served notice. It further ordered, “We direct all the Municipal Corporations to place on C/WPPIL/118/2020 ORDER record by way of an affidavit, a list of all the high rise buildings

-15 metres and 18 metres in height, special buildings, schools, hospitals, industries and factories within the jurisdictional limits of all the Municipal Corporations :

a. Which have a valid and subsisting No Objection Certificate with regard to the Fire Prevention and Protection Systems in the State of Gujarat ;

AND b. Which do not have a valid and subsisting No Objection Certificate with regard to the Fire Prevention and Protection Systems in the State of Gujarat”

The Court had ordered, “Ahmedabad Municipal Corporation is directed to place on record by way of an affidavit, the details of all the private hospitals which have not complied with the directions issued in Paragraph No. 23(14) of our earlier Order dated 15.12.2020” and that it was “directed to place on record the photocopies of the No Objection Certificates issued to all the hospitals located within the jurisdictional limits of Ahmedabad Municipal Corporation signed and certified by the Competent Authority within a period of 10 days from the date of the receipt of this order. One set of such photocopies shall also be furnished to the party-in-person.”

Specifically, when it came to reopening the Shrey Hospital, the court had on February 26, 2021 ordered, “The Ahmedabad Municipal Corporation is directed not to remove or open the seals applied at the premises of the Shrey Hospital without the permission of this Court and shall not permit the Management to once again start with the functioning of the Hospital without the permission of this Court.”

The case in the Supreme Court

Following the Rajkot fire at the Uday Shivananda Hospital the SC took suo moto cognizance, and in the case titled, In Re: Proper Treatment of COVID-19 Patients and Dignified Handling of Dead Bodies in the Hospitals, etc., asked the government via an order passed on December 9, 2020, to submit a report comprising data from all states on fire safety audits carried out in hospitals.

Meanwhile, little changed on the ground as yet another fire broke out in the ICU of the Bharuch Welfare Hospital in May this year, killing 18 people. Meanwhile, the Gujarat government issued an executive notification that gave a virtual carte blanche to hospitals by allowing them to function without adhering to fire safety norms till June 2022, and that no action will be taken against them till then. Given the number of lives lost and the direct involvement of the highest court in the country, this notification showcased the Gujarat government’s impunity.

Bar&Bench quoted Justice Shah as saying, “40 hospitals in Gujarat were held liable and they came to High Court. Later, government order was that no action should be taken against hospitals for violation of fire safety. Such an order is a contempt of this court.”

The case has been adjourned for two weeks.

To be updated with order copy.

Related:

Guj HC slams state gov’t for lax attitude to fire safety
Gujarat: 18 Covid patients killed in Bharuch hospital fire!
Shrey Hospital Fire: Guj HC bats for greater accountability
SC takes suo moto cognisance of Rajkot Covid Hospital fire
Shrey Hospital Fire: Four months on, no evidence yet!
8 killed in Ahmedabad Covid-19 Hospital Fire
Another fatal inferno in Gujarat Covid hospital!

The post Guj gov’t faces heat for submitting report on fire safety in hospitals to SC in sealed cover appeared first on SabrangIndia.

Even though restrictions imposed in Kashmir since the abrogation of Article 370 have been relaxed, the streets of continue to be occupied by the government forces who have established barricades and checkpoints after every 300 to 500 metres. These checkpoints are not only affecting normal people but are pushing patients to the wall.

Being confined to their homes for the past 14 days in the valley, many patients and doctors aren’t able to reach the clinics and hospitals. As a result, several doctors have started attending to the patients at their home.

One such case is of Dr Sajad (name changed). He is the only doctor within a radius 4 kms, and has been receiving patients at his home. Initially, the flow of patients was low, but as the news has spread, people have been turning up in large numbers.

Sajad believes that people should not be restricted from reaching the hospitals in case of a medical emergency. Right now, because of the curfew, people have no means of reaching the hospitals even in case of an emergency.

On the occasion of Eid-ul-Adha on August 12, which most people of Kashmir celebrated under an extreme lockdown, Dr. Sajad received many cases of food poisoning at his home. There were many whose condition were so bad that he had to install a drip and have them stay at his own home to monitor them.

“I came across many people who didn’t have money, so I decided to do their treatment without any charges. They are my own people. I have kept the doors open for the people so that they know that they can knock at my door in the middle of the night,” he said.

The day when people across the world were celebrating Eid, Sajad received a few pellet victims, some of them had pellets in their eyelids and on their back, fired at by the government forces. “There were kids as young as 9 years old. I tried my best to help them out. I would treat that sort of emergency,” Sajad said.

Most pellet victims who receive minor injuries try to avoid going to the hospital and instead get them treated or removed locally which he believes is not a very good idea. “People go to local sources because the government is on the lookout for these people in the hospitals and if found, they could be detained. Due to this fear of detention, they avoid going to the hospitals,” he says.

Previously in 2016, there have been cases where pellets victims were stopped by the government forces on their way to the hospitals and were beaten up and detained.

Dr. Sajad says that it is dangerous to remove pellets at local medical shops that aren’t well equipped to do the job, it can lead to serious infections.

“There are many people who lost their eye sight by refusing to go to the hospitals due to the fear of detention. Their eye sight could have been saved if they would have received treatment on time,” he said. But there are no other options left for these people.

Apart from pellet victims, other patients have started showing up at Sajad’s home too. Due to the intensified restrictions on August 15, more and more people approached him as all the main entrances were blocked by the government forces.

One of the patients had Herpes Zoster. Herpes zoster is a viral infection that occurs with reactivation of varicella-zoster virus. It is usually a painful but self-limited dermatomal rash, which requires treatment by antiviral medications within 72 hours of symptom onset.

“It is a very painful condition. The atient’s companions were crying as they were helpless and were unable to get any medical assistance,” recalls Sajad.

Despite having a staff of six people at a government Primary Health Centre, where Sajad is posted, only he and one of his male colleagues have able to reach there since August 5.

After working at the health centre for almost 8 hours, Sajad remains on duty even after coming home. On an average, he attends to about 75 patients at his home everyday and provides free treatment to them.

While talking about the situation of the hospital, he said, “Right now our hospitals aren’t fully prepared to face any sort of emergencies, there is no proper backup of medicines and other important supplies.”

“We try our best to help people including acute cases or people with different sorts of injuries. But when things are more complicated, we refer them to the main hospital. But now, even in the referral case , they face a lot of problems because ambulances are also being stopped,” he said.

First published in Newsclick.

Disclaimer: The views expressed in this article are the writer’s own, and do not necessarily represent the views of the Indian Writers’ Forum.
 

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