The Supreme Court of India on Monday rapped hospitalsrunning at the cost of human lives amid the Covid-19 pandemic time. Theresponse on the apex court after cognizing the fire incidents at such hospitalsdue to which many people lost their lives.
It observed that hospitals have become large industriesthriving on human distress, and it is better that they are closed. It addedstate governments can provide better hospitals, instead of permitting privatehospitals to operate from small residential buildings.
"Hospitals have become large industries now based onhuman distress and we cannot let them prosper at the cost of lives. Let suchhospitals, with 2-3 rooms, be closed,” said a bench of Justices D.Y. Chandrachudand M.R. Shah.
The bench has made statements while hearing a plea inregard to Covid-19 care centers, mortuary centers, and fire tragedies that tookplace amid the pandemic across the nation.
In the past year, a report from Maharashtra came into the limelight where a fire tragedy happened in a hospital that claimed the lives ofnurses along with a few patients. Then the apex court had said, “Let the stateprovide those facilities and Covid care centers. We can't have them in thesesmall residential buildings. It is a human-made tragedy.”
Furthermore, the Supreme Court pulled up Gujaratgovernment for bringing a notification to reverse its order on fire safetynorms in Covid hospitals, warning that putting of the adherence till 2022 wouldmean "people will continue to die by burning".
A bench of Justices D.Y. Chandrachud and M.R. Shahexpressed anguish at the state government for breaching its order, citing therecent government notification, and added it only gives more time to hospitalsthat do not have a fire safety system and till they take action, patients willcontinue to die.
"The notification gives the impression that thethe state is protecting illegality," the bench said, telling Gujaratgovernment to withdraw the notification extending the deadline for hospitals inconnection with building use permissions.
Solicitor General Tushar Mehta, on his part, submittedthat the court should visualize the impact, if a 10-story building with ahospital, required for Covid treatment now, doesn't have building usepermission. As a result, hospitals were required to be closed, and in total,30,000 beds could become unavailable.
Justice Chandrachud responded that there is no point incondoning lapses of these nursing homes which are not supposed to be in thosebuildings in the first place. Justice Shah added if any recommendation is made,the government should see to it that corrective measure is taken.
Citing the government notification that hospitals do nothave to adhere to the norms till June 2022, the bench said: "Once amandamus is there, it cannot be overridden by an executive notification likethis! You now give a carte blanche and say hospitals don't have to adhere till2022 and people will continue to die by burning..."
It noted that one patient had recovered from Covid andhad to be released the next day, but he died due to fire, and also two nurseswere burnt alive. "These are human tragedies which have unfolded beforeour eyes! Then, we go on extending the time for these hospitals," the benchsaid.
The top court strongly condemned a report by a commissionon the issue of fire safety in hospitals that was filed in a sealed cover."What is this report in a sealed cover by the commission, etc? It is not anuclear secret," said Justice Chandrachud.
In December last year, the court had directed the Centreto submit data from all states on fire safety audits carried out in hospitals.The court noted that although different states and Union Territories have takenmeasures and conducted inspections, further audits were required and asked thestate government to constitute a committee to carry out a fire audit of eachCovid hospital at least once a month, in each district. The bench listed thematter for further hearing after two weeks.
The court was hearing a suo motu case concerning firetragedies in Covid-19 hospitals across the country following incidents inGujarat's Rajkot and Ahmedabad.