India’s Burning Question: A Crisis of Fire Safety

Every so often, while flipping through the newspaper, you encounter reports of a devastating fire breaking out. It usually occurs in crowded, bustling towns and cities with plenty of commercial activity. More often than not, a follow-up on the incident will reveal that the building was flaunting several safety codes. This will most likely lead to the respective governments announcing the formation of a panel to assemble a report to determine the negligent parties. Not long after, everyone forgets the incident and moves on except for the victims and their loved ones, leaving the option of undertaking an arduous legal battle for years or accepting whatever compensation the authorities deem worthy.

To quote a few incidents in 2023, a fire engulfed a gaming zone in Rajkot, Gujarat, resulting in the tragic loss of 14 lives. The fire department’s report highlighted the absence of essential fire safety measures, such as sprinklers, fire alarms, and adequate emergency exits. In the same year, yet another fire broke out in a children’s hospital in Delhi, claiming the lives of seven infants. The fire department’s investigation revealed multiple violations of fire safety norms, including inadequate fire safety equipment, blocked exits, and a lack of emergency drills.

The most recent incident, which took place in the neonatal ICU of Maharani Laxmi Bai Medical College, Jhansi, took place on November 15 and claimed the lives of 12 infants, with the toll likely to rise.  An initial investigation suggests that the blaze was triggered by a short circuit, with oxygen cylinders exacerbating the situation. The preliminary findings also revealed that the fire extinguishers in the NICU had expired four years ago, raising serious questions about safety protocols at the hospital. [1]

These are just a few examples of the many fire incidents in India attributed to the lack of adherence to fire safety regulations. The recurring pattern of negligence and disregard for safety standards raises severe concerns about the enforcement of fire safety laws and the accountability of building owners and authorities.

This raises the question—what are these safety codes and regulations, and why do property owners seem not to need to follow them until something goes wrong? In this short piece, I will try to answer both questions.

India’s standard for fire safety is the National Building Code (NBC), published by the Bureau of Standards in 1970 and most recently updated in 2016. Fire safety guidelines are outlined in Part 4 of the National Building Code (NBC), which addresses fire protection measures. The NBC is a mandatory framework that state governments must integrate into their local building regulations.[2] This requirement arises because fire services fall under state jurisdiction, classified as a municipal responsibility in the 12th Schedule of the Constitution. Consequently, state governments are responsible for fire prevention and safeguarding lives and property.

The Ministry of Housing and Urban Affairs issued the Model Building Bye-Laws in 2016, providing a framework for states to maintain fire and emergency services. The National Disaster Management Authority (NDMA) has issued guidelines on fire safety for homes, schools, and hospitals. These guidelines emphasise maintaining adequate open safety spaces, ensuring protected exit routes, allocating dedicated staircases, and conducting essential evacuation drills.

On paper, there is no lack of effective codes and safety standards for the structures in India, which leads me to the question of implementation and overview on the part of the authority. As mentioned earlier, fire services in India are categorised as a state responsibility under the Constitution, specifically listed as a municipal function in the 12th Schedule. While this decentralised governance model allows for tailored approaches to local needs, it also leads to significant disparities in implementing fire safety standards due to differences in state priorities, resources, and enforcement mechanisms.

The analysis underscores significant challenges in implementing fire safety regulations, focusing on systemic inefficiencies and the absence of accountability. Weak enforcement is a primary concern, as regulatory bodies often lack the resources or operational efficiency to conduct regular and thorough inspections. This gap allows builders and property owners to bypass safety requirements, often through bribes or political influence, avoiding penalties and rendering regulations ineffective.

The financial burden of implementing fire safety measures, such as installing sprinklers and fire alarms and maintaining open spaces, further exacerbates the issue. Many developers and property owners prioritise profit over safety, particularly in informal housing or smaller commercial spaces. Without meaningful repercussions or financial incentives, compliance with fire safety standards becomes an afterthought. Rapid urbanisation compounds the problem, leading to haphazard construction that frequently disregards zoning laws and safety codes. Informal settlements and older buildings are particularly vulnerable due to inadequate planning and adherence to regulations. Lengthy bureaucratic processes for approvals often incentivise shortcuts and unauthorised construction, leaving fire safety considerations unaddressed.

Another critical issue is the reactive nature of the authorities’ approach. Regulatory actions are typically initiated only after significant fire incidents occur, resulting in temporary directives or inspections that lack sustained follow-through. Investigations post-incident consistently reveal lapses, yet corrective measures are rarely implemented effectively. Penalties for noncompliance are either minimal or inconsistently applied, reducing their deterrent effect and allowing violations to persist as low-risk decisions. Furthermore, there is a glaring absence of a robust framework to hold developers, property owners, or enforcement officials accountable for breaches of fire safety standards.

This systemic failure underscores the futility of extensive fire safety codes if their implementation remains inconsistent. Builders and property owners frequently neglect critical safety measures without strict monitoring and accountability. To ensure these codes protect lives and property, enforcement agencies must be proactive. Regular inspections, stringent penalties for violations, and public awareness campaigns are essential to foster compliance and establish a culture of prevention. Only when fire safety regulations are strictly enforced and treated as non-negotiable will they achieve their intended purpose, shifting the focus from reactive responses to sustained prevention and safety.

[1]https://www.business-standard.com/india-news/father-saves-7-infants-in-jhansi-hospital-fire-but-loses-his-twin-daughters-124111800370_1.html.

[2] National Building Code – Bureau of Indian Standards, Bureau of Indian Standards https://www.bis.gov.in/standards/technical-department/national-building-code/.