Highlighting critical deficiencies in India’s emergency infrastructure, the Supreme Court on Monday sought a detailed response from the Centre and the National Disaster Management Authority (NDMA) regarding a petition demanding a comprehensive overhaul of fire services, road emergency response, and disaster preparedness.
A bench comprising Justices Vikram Nath and Sandeep Mehta issued the notice, directing the authorities to file their replies within four weeks.
A Personal Tragedy Triggers Legal Action
The petition was moved by a grieving father who appeared in person to argue the case. The petitioner, who lost his daughter in the horrific 2019 Surat fire tragedy, contended that the National Building Code of India 2016 is not being implemented strictly. He argued that this lack of enforcement is the primary reason fire incidents continue to claim lives across the country with alarming frequency.
Key Demands: Accountability and Transparency
The plea outlines a roadmap for systemic change, moving beyond individual compensation to structural reform. Key demands placed before the Apex Court include:
- Nationwide Accountability Dashboard: The creation of a central dashboard to monitor the availability and performance of emergency responses.
- Mandatory Audits: A direction to make district-wise fire risk audits mandatory and, crucially, to make this data available to the public.
- Judicial Oversight: The constitution of a high-level judicial commission to monitor the implementation of mandates by the NDMA and fire services, with the power to recommend penal action against defaulting authorities.
Constitutional Rights and Compensation
The petition raises a significant legal question, seeking a judicial interpretation or constitutional amendment that upholds the “right to emergency protection and response” as an intrinsic part of Article 21 of the Constitution (Protection of Life and Personal Liberty).
Furthermore, the plea calls for a uniform national financial compensation mechanism for all disaster-related deaths. The petitioner argued that this is essential to ensure “equal dignity and protection for every Indian citizen,” regardless of where a tragedy occurs.
Fast-Tracking Justice
Addressing the delay in justice for victims of man-made disasters, the plea seeks the establishment of a national special bench or tribunal. This body would be tasked with fast-tracking tragedy-related cases, specifically focusing on those that have been pending for over three years.
Additionally, the petition demands that the Ministry of Power implement quarterly safety audits and standard operating procedures to prevent deaths caused by electrical infrastructure failures.
