Noting that hospitals in India have become large industries, the Supreme Court on Monday stated that they are prospering on human distress and they should shut down.
"Do we look at hospitals as a real estate industry, or as a service to humanity?" asked Bench of Justice DY Chandrachud and Justice MR Shah.
Hospitals in the country have become a large industry now based on human distress, observed Justice Chandrachud. While noting that hospitals do not strictly follow fire safety norms, Justice Chandrachud further added, We cannot allow them to prosper at the cost of human lives. Let such hospitals be closed and allow the state to bolster health care facilities. Let not such hospitals operate in buildings with four rooms etc."
Stating an example of one patient who had recovered from Covid, Justice Chandrachud said that he was to be released the next day of recovery, was burnt alive and two nurses also died because of fire in the hospital.
"These tragedies have unfolded in front of our eyes. Are these hospitals in the real estate industry or providing service to humanity?" the bench questioned.
The apex court was hearing a duo motu case relating to proper treatment of Covid patients along with dignified handling of dead bodies in the hospitals and also the issue concerning fire tragedies in COVID-19 hospitals across the country that has been reported at several places during the second wave.
The Gujarat government was criticised by the bench for not adhering to the directions regarding fire safety standards in hospitals. The bench also referred to a notification issued by the government extending the deadline till June 2022 for hospitals to adhere to the norms to correct building bye-law violations.
The bench observed, "You say hospitals don't have to adhere till 2022 and people will continue dying and be burnt."
Taking exception to the fact that a report by a commission on the issue of fire safety in hospitals was documented in a closed cover.
"What is this report in a sealed cover by commission etc.? It is not a nuclear secret," Justice Chandrachud said.
The top court had ordered fire-safety audits and other illegalities by hospitals across India after fires incidents in COVID-19 dedicated hospitals in Gujarat and Maharashtra had killed several patients.
Justice Chandrachud stated that according to the judgement of this court, by December 18, 2020, all states were instructed to appoint nodal officers in each hospital to ensure fire safety norms are followed.
Covid hospitals that have no Nov from the fire department, appropriate actions were to be taken against them. On July 8, 2021, a notification extending the deadline to June 2022 was passed by the Gujarat government.
"40 hospitals in Gujarat were held liable and they came to the High Court. Later, the 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 top court further observed.
The Bench asked the state of Gujarat to clarify why this notification was brought into force and be placed on record. The state also has to file a detailed statement before the court displaying audits which were accomplished in pursuance with the December 2020 judgment of this court regarding fire safety, the apex court ordered.
The matter has been posted for hearing after two weeks.