18 January 2018 – Could the fatalities in Monday’s fire have been prevented? Nine years after the Maharashtra government proposed special fire safety rules for buildings, the law is yet to be enacted.
A Public Interest Litigation (PIL) filed by Mumbai-based Advocate Abha Singh states that several disasters, including the Kamala Mills tragedy, could have been prevented if the government had been more proactive. The PIL is scheduled to come up before a division bench headed by Chief Justice Naren Patil on Wednesday.
The Draft Regulations
In the wake of the 26/11 attacks, the government issued Draft Special Regulations for Buildings Vulnerable to Manmade Disasters in February 2009. Objections and suggestions were invited, but after that, the proposed rules have been gathering dust.
“The government has kept these draft regulations pending for nine years, even though the law requires a decision on a matter to be taken within 90 days. Timely enactment of these special regulations is a matter of public interest and the right to life under Article 21. We have moved the high court seeking directions to enforce these draft regulations, which already have statutory force under the Maharashtra Region Town Planning Act,” said advocate Aditya Pratap, counsel for Abha Singh.
Fire Safety Measures in the Draft
According to the advocate, the rules had various requirements for buildings, including hospitals. These included provisions for special facilities in buildings for evacuation, separate entry and exit points, among other measures.
Post-Kamala Mills Fire
Following the Kamala Mills fire, the court had sought an audit of all restaurants in Mumbai. The high court had then pointed to shortcomings in the BMC’s fire safety audits.
“The situation on the ground is very different. You may be conducting fire safety audits, but there are obviously shortcomings. That is the reason why incidents (like the Kamala Mills fire case) have happened. We are seeing the results,” the Bombay high court had observed.
About the Author
Aditya Pratap is a practicing lawyer and founder of Aditya Pratap Law Offices based in Mumbai. An alumnus of NALSAR University of Law, Hyderabad, he has over 11 years of experience and has handled numerous cases of public and private significance. For more insights, you can visit his website: adityapratp.in. Watch him in TV interviews.