FATHER OF FIRE TRAGEDY VICTIM MOVES SUPREME COURT SEEKING STRONGER DISASTER RESPONSE MEASURES:

The Supreme Court on Monday issued notice on a public interest litigation (PIL) that seeks comprehensive directions aimed at strengthening disaster preparedness across the country and recognising a “right to emergency protection” as an integral component of the fundamental right to life under Article 21 of the Constitution. The matter came up before a bench of Justices Vikram Nath and Sandeep Mehta, which heard the petitioner who was appearing in person, before issuing notice to the Union and State authorities concerned.

During the hearing, the petitioner informed the Court that he lost his young daughter in a devastating fire incident in 2019. Drawing from his personal tragedy, he argued that despite having statutory frameworks such as the National Disaster Management Act (NDMA) and the National Building Code (NBC), both are routinely neglected in their implementation. According to him, this systemic failure results in thousands of preventable deaths each year, leaving numerous families across India suffering due to avoidable emergencies and inadequate response systems. He submitted that the absence of accountability and under-resourced emergency services has pushed citizens into a state of constant vulnerability.

The PIL seeks a series of directions to the Union and State governments, first and foremost requiring them to undertake an urgent assessment of critical gaps in infrastructure, manpower, and operational capability in fire services, road emergency systems, and overall disaster response mechanisms. The petitioner asserts that unless these deficiencies are promptly addressed, the loss of lives in incidents such as fires, building collapses, road accidents, and electrical hazards will continue unabated.

A significant component of the petitioner’s prayer is the establishment of a nationwide accountability dashboard that would track emergency response availability, performance indicators, and compliance levels across districts. He seeks directions to the Ministry of Home Affairs, Ministry of Road Transport and Highways, National Disaster Management Authority, and all State Disaster Management Authorities to put this system in place. He also requests that district-wise fire risk audits be made mandatory, with the resulting data publicly available, ensuring transparency and enabling citizens to assess local preparedness levels. Additionally, the petitioner urges the Court to mandate that all buildings and establishments across the country comply with NBC Part 4 (Fire and Life Safety) standards within a period of 12 months.

The petition further calls for the constitution of a High-Level Judicial Commission. This body would monitor the implementation of NDMA directives and fire safety standards, assess state-wise progress, and recommend penal action against authorities that fail to fulfil their statutory obligations. The petitioner argues that without judicial oversight, compliance would continue to remain superficial.

Among other reliefs, the PIL seeks the creation of a National Special Bench or Tribunal empowered to expedite cases relating to victims of tragedies, particularly those pending for more than three years. It also requests recognition, through constitutional amendment or judicial interpretation of the Right to Emergency Protection and Response as an essential component of Article 21. The petitioner additionally advocates for a uniform national compensation mechanism for all disaster-related deaths, ensuring equal treatment and dignity for victims’ families.

Lastly, the petition seeks directions to the Ministry of Power, Central Electricity Authority, and all State electricity distribution companies to conduct quarterly safety audits, strengthen public alert systems, standardise operating procedures, and provide immediate compensation and accountability in cases involving deaths caused by electrical infrastructure failures.