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Synopsis

The Bombay High Court on Monday slammed Brihanmumbai Municipal Corporation for not taking action against Nursing homes operating illegally.

A bench of Justices AK Anil Menon and MS Karnik criticised the civic authority after observing that just 687 of the 1,574 clinics or private hospitals it inspected in December had complied with fire safety and other regulations.

Senior Advocate Milind Sathe, appearing for the BMC, said that the civic body takes action. However, Sathe informed the bench that it becomes really difficult to take action against illegal Nursing homes as there are patients in these nursing homes.

However, Justice Menon said, "We can't understand how the BMC is so powerless that it can't stop an illegal nursing home from functioning just because there are 10 people there? If such nursing homes don't have fire safety and yet, there are people in them, it is a disaster waiting to happen!”

The corporation has been instructed by the High Court to submit an additional affidavit detailing the number of clinics and/or nursing homes that are still operating in the city without the necessary permits and/or fire safety regulations. Additionally, it questioned what BMC would do for individuals receiving care in these nursing homes.

A Public Interest Litigation plea filed by Shakeel Shaikh before the High Court pointed out a 2019 event in which a three-year-old boy died while being treated in an unlicensed health camp that was held in the city but did not adhere to the required fire safety standards.

The bench has further asked the fire department to file an affidavit within three weeks.

The Court further noted, "We expect the least you can do is to shift them to another facility. Can you say this on the affidavit? Also, how difficult is it to know who is behind it? You have conducted COVID treatment in many of these unauthorized clinics so you should know who is behind them".

[Source: Free Press Journal]