Plea in Supreme Court seeks creation of fire safety framework for high-risk public buildings

A petition has been filed in the Supreme Court seeking the creation of a National Minimum Fire and Life Safety Framework for high-risk public occupancy premises, including schools, coaching centres, hotels, hospitals, and commercial complexes.

The petition, filed by advocate Narendra Kumar Goswami, comes in the wake of two devastating fire incidents in June — the Malviya Nagar guest house fire in Delhi and the Aliganj coaching centre fire in Lucknow, which together resulted in at least 37 deaths.

Mr. Goswami has argued that the recurring pattern of preventable fire fatalities constitutes a systemic constitutional failure. “The right to life under Article 21 is not a right to be rescued after the fire; it is a right not to be knowingly exposed to preventable fire-death by a regulatory State that has the power, the codes, and the duty to prevent such danger,” the petition said.

Comprehensive framework

The plea sought directions from the court to the government to introduce a system of time-bound fire and electrical safety audits for high-risk public premises; create a centralised, public digital portal displaying valid Fire NOCs, occupancy certificates, and audit compliance status; prohibit the use of basements, rooftops, and temporary structures for classrooms, coaching, or public assembly without explicit safety approval; introduce tamper-proof, QR-coded fire safety certificates carrying severe penal consequences for false certification; constitute District Fire and Life Safety Enforcement Committees headed by District Magistrates; and establish a strict liability compensation protocol for victims of fires occurring in non-compliant premises.

The petition cited over two decades of structural fire incidents, including the tragic Uphaar cinema blaze in 1997 which killed 59 patrons, the Kumbakonam school incident of 2004 leading to 94 deaths, and fires in AMRI hospital in 2011, a Surat coaching centre in 2019, the Rajkot Game Zone in 2024, and the recent 2026 incidents in Delhi and Lucknow. The petition said that isolated FIRs and post-facto inquiry committees were constitutionally insufficient.

National action needed

Acknowledging that fire services fall under the State List of the Seventh Schedule, the petition contended that “fundamental rights are national promises” and argued that the Union government’s prior circulation of the Model Fire Service Bill, 2019, and the Scheme for Expansion and Modernisation of Fire Services demonstrated that national coordination was already within governmental contemplation.

The petitioner has also asked the Supreme Court to retain a “continuing mandamus” of the fire safety issue until the first national audit cycle and public disclosure portal are fully operational.