Supreme Court Issues Notice on PIL Seeking Recognition of ‘Right to Emergency Protection’ Under Article 21

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The Supreme Court today issued notice on a public interest litigation seeking directions for adequate disaster preparedness and safeguarding of the "right to emergency protection" as a right under Article 21 of the Constitution.

A bench of Justices Vikram Nath and Sandeep Mehta passed the order after hearing the petitioner-in-person, who informed that he lost his daughter in a fire incident back in 2019. He contended that the National Disaster Management Act (NDMA) and the National Building Code (NBC) are not being effectively implemented, due to which thousands of lives are being lost, and there must be thousands of grieving families like his.

PIL Seeks Immediate Assessment of Critical Gaps in Emergency Response

Briefly put, the PIL seeks direction to the Union and State governments to immediately assess and fill critical infrastructure and manpower gaps in fire services, road emergency response, and disaster preparedness.

It further seeks directions to the Ministry of Home Affairs, Ministry of Road Transport & Highways, NDMA, and all State Disaster Authorities to establish a nationwide accountability dashboard on emergency response availability and performance, make district-wise fire risk audits mandatory and make data public, and ensure that all occupancies comply with NBC Part 4 standards within 12 months.

Prayer for Judicial Commission and Systemic Reforms

The petitioner also prays for constitution of a High-Level Judicial Commission to monitor the implementation of NDMA and Fire Services mandates and recommend penal action against defaulting authorities. The other reliefs sought include:

• Creation of a National Special Bench or Tribunal to fast-track tragedy-related victim cases, including those pending for over 3 years;

• A constitutional amendment or judicial interpretation that upholds the Right to Emergency Protection and Response as part of Article 21;

• A uniform national financial compensation mechanism for all disaster-related deaths, ensuring equal dignity and protection for every Indian citizen;

• Direction to the Ministry of Power, Central Electricity Authority, and all State DISCOMs to implement quarterly safety audits, public alert systems, and standard operating procedures for infrastructure maintenance, and provide immediate compensation and accountability in case of electrical-infrastructure related deaths.

Case Title: DINESH KEVDIYA v. UNION OF INDIA