New
Delhi:
The Supreme Court on Monday observed that hospitals in the country have become
large industries now thriving on human distress and it is better that they be
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
have become a large industry now based on human distress. 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.,” said Justice Chandrachud while noting that a
number of hospitals don't adhere to fire safety norms.
Justice
Chandrachud while noting that a number of hospitals don't adhere to fire safety
norms. Justice Chandrachud gave an instance where one patient who had recovered
from COVID-19 and was to be released from the hospital the next day 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 are real
estate industry or providing service to humanity?” asked the Bench.
The
Supreme Court was hearing a suo motu case regarding the proper treatment of
COVID-19 patients and dignified handling of dead bodies in the hospitals and
issue concerning fire tragedies in COVID-19 hospitals across the country.
The
Bench pulled up the Gujarat government for failing to follow its directions
with regard to fire safety norms in hospitals, while referring 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.
“You
say hospitals don't have to adhere till 2022 and people will continue dying and
be burnt,” the Bench observed.
It
also took exception to the fact that a report by a commission on the issue of
fire safety in hospitals was filed in a sealed cover. “What is this report in a
sealed cover by commission etc.? It is not a nuclear secret,” said Justice
Chandrachud.
The
top court had ordered fire-safety audits and other illegalities by hospitals
across India after fires in COVID-19 dedicated hospitals in Gujarat and
Maharashtra had killed scores of patients.
Justice
Chandrachud said that by the December 18, 2020, judgment of this court, all
states were directed to appoint nodal officers in each hospital to ensure fire
safety norms are followed. COVID-19 hospitals who don't have NoC from the fire
department appropriate action was to be taken. On July 8, 2021, the Gujarat
government passed a notification extending deadline to June 2022.
“40
hospitals in Gujarat were held liable and they came to 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,” observed
the top court.
The
Bench asked the state of Gujarat to explain why this notification was brought
into force and be placed on record.
The
state of Gujarat shall also file before this court a comprehensive statement
showing audits which were conducted in pursuance with December 2020 judgment of
this court regarding fire safety, ordered the top court.
The
top court posted the matter for hearing after two weeks.
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