The Bombay High Court on Monday questioned the Brihanmumbai Municipal Corporation (BMC) as to why it was not taking stern action on illegal nursing homes in the city.
A bench of Justices AK Anil Menon and MS Karnik took the civic body to task after noting that an inspection conducted by the civic body last December revealed that of 1,574 clinics or private hospitals, only 687 had complied with fire safety and other norms.
The HC was hearing a Public Interest Litigation filed by one Shakeel Shaikh highlighting a 2019 incident where a three-year-old child lost his life during an unauthorized health camp organized in the city which did not meet the requisite fire norms.
Senior counsel Milind Sathe, appearing for the BMC, said that the civic body takes action. However, he expressed helplessness at closing them down as there were patients in these illegal nursing homes.
To this, 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 HC has directed the corporation to file an additional affidavit giving details of the number of clinics and/or nursing homes which continue to operate in the city without requisite licences and, or, fire safety norms. It also asked BMC will be done for the patients who are undergoing treatment at such nursing homes.
"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," said the court.
Along with BMC, the HC has asked the fire department to file its respective affidavits within three weeks.
