In a significant move highlighting governmental inaction, the Telangana High Court has directed a petitioner to undertake research and formulate comprehensive safety guidelines for lifts and elevators. This directive comes as the state government continues to delay the enactment of a dedicated law, a process that has been under consideration since 2015.
A Vacuum in Legislation
Expressing clear displeasure, a division bench comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin pointed out the legislative vacuum. The bench observed that the government has been repeatedly seeking more time to frame the necessary legislation, leaving a critical gap in public safety regulations. "There is a vacuum insofar as legislation is concerned. Every time they (state) are seeking time for obtaining instructions for enacting the legislation," the court noted.
Court's Directives to the Petitioner
The bench addressed the petitioner, advocate Barkat Ali Khan, who appeared as a party-in-person. Instead of merely reporting accidents, the court urged him to conduct proactive research. "Instead of mentioning every time an accident occurs, why don't you research what laws exist in the other states and prepare guidelines based on which accidents can be prevented," the judges stated.
The court specifically directed Khan to "come out with comprehensive guidelines which this court can say will be in force until the act is enacted." The matter has been adjourned for four weeks to allow for this research and preparation.
Grim Reality of Lift Accidents
During the hearing, Barkat Ali Khan informed the court about the alarming frequency of accidents. He stated that since the last hearing of the Public Interest Litigation (PIL) in August 2024, there have been seven lift-related incidents resulting in three deaths and seven injuries. He further emphasized that many such incidents likely go unreported, suggesting the problem is even more widespread.
The PIL was initiated as a Taken-Up Public Interest Litigation based on a letter addressed to the Chief Justice in March 2024, followed by Khan's formal petition. Meanwhile, state counsels present in court maintained that a proposal to frame the necessary legislation is still under the government's consideration.
This judicial intervention underscores a critical failure in administrative action on a vital public safety issue. With the court now tasking a citizen with the job of drafting interim safety protocols, the pressure is mounting on the Telangana government to finally translate its long-pending proposal into a concrete law to prevent further tragedies.
