Supreme Court Dismisses PIL Seeking Elevator Safety Regulations In 18 States And 7 Union Territories

The Supreme Court has refused to entertain a Public Interest Litigation (PIL) seeking regulations and mechanisms pertaining to the installation of elevators/lifts, aimed at effectively reducing accidents in mid-rise and high-rise buildings. The PIL sought direction to ensure stringent accountability among lift owners, building developers, resident welfare associations (RWAs), and pertinent authorities with regard to adhering to safety standards, conducting periodic inspections, and conscientiously upholding elevator maintenance.

The Bench of Justice B.R. Gavai and Justice Prashant Kumar Mishra were told by the Petitioner appearing in person that 18 States and 7 Union Territories don't have any regulatory regime for these elevator installations. "You can go to any of High Court in this...18 States and 7 Union Territories you can go to any of them", remarked Justice Gavai.

The Bench further said "Go and make a representation to the State and the Central Government. We are not inclined to entertain this Petition. The legislature and the government will take care of this. You either withdraw or we will dismiss it." Accordingly, the Petitioner chose to withdraw the Petition.

In the PIL filed by RTI Activist and Environmentalist, Kishan Chand Jain, it was submitted that in all the 18 States and 7 UTs concerning the installation of lifts, there is no existing regulatory regime which not only constitutes a violation of the fundamental right to life but also reflects a concerning apathy and laxity towards addressing the critical issue of lift safety.

"With the intention of controlling such incidents effectively, it is imperative that each State and Union Territory may consider enacting Lift Acts/Rules in their respective States/UTs to ensure compliance to Indian Standards. Reference may be made to the Lift Acts/Rules of the 11 states which have the compliance mechanism in place which include Maharashtra, Gujarat, Karnataka, Tamil Nadu, Haryana, West Bengal, Delhi, Kerala, Jharkhand, Himachal Pradesh and Assam", read the PIL.

The petition further highlighted that lift accidents have tragically become all too common in our country, leading to severe injuries, loss of lives, and irreversible damage and it is of paramount importance to emphasize the criticality of regular inspections of lifts in mid-rise and high-rise buildings. "The inspections at the time of installations and thereafter periodical/regular inspections serve as a proactive measure to identify and rectify potential issues with lifts before they escalate into life-threatening incidents", it was stated in the PIL.

Jain further submitted that the alarming absence of legislation and subordinate measures in 18 states and 7 union territories represents a deeply troubling oversight. This deplorable vacuum of law not only undermines the rights of our citizens but also gravely violates their fundamental right to life, he pleaded.

Further, emphasising the communication by the Secretary, Government of India, Department of Consumer Affairs where keeping in mind the significant increase in accidents in lifts installed throughout the country, it was stated that "with the intention of controlling such incidents effectively, it is imperative that each State and Union Territory may consider enacting Lift Acts/Rules in their respective States/UTs to ensure compliance to Indian Standards."

The PIL also stated that the state Governments/UTs should ensure that the lift owners, RWAs or relevant authorities (as the case may be) fulfil their obligations in maintaining lifts to the highest safety standards as per the BIS in the best interest of the public safety, and the preservation of human lives.

Cause Title: Kishan Chand Jain v. Union of India and Ors. [W.P.(C) No. 800/2023]