More than a decade after his first legal intervention, social and RTI activist Mohammad Afzal is back in the Bombay High Court, this time with a fresh Public Interest Litigation (PIL) alleging contempt and non-compliance by government departments in ensuring elevator safety across Maharashtra.

Afzal, now 62, had first approached the court in 2010 (PIL No. 58 of 2010) after a string of lift accidents drew his attention to serious lapses in regulation and inspection. At the time, Maharashtra had about 78,550 lifts in operation with only 16 engineers appointed to inspect them — the legal requirement under the Bombay Lift Rules, 1958, framed under the Bombay Lift Act, 1939 was that each lift be inspected twice annually.

“It was humanly impossible for just 16 engineers to inspect so many lifts across the state twice a year,” says Afzal, who had filed several RTIs with the Public Works Department (PWD) during 2008-09 to gather information on lift maintenance and inspections.

His original PIL led to significant progress. In 2012, the Bombay High Court disposed of the petition but granted Afzal the liberty to return if needed. The PWD was ordered to publish key information on its website — including the number of lifts, number of licences issued, inspection records including name of building inspected, names of inspectors, when last inspection was done, the complete data of fatal/nonfatal accidents city-wise across the state on its website (www.mahapwd.com). 

“PWD adhered 100% to the orders. Within a month of the PIL, the Maharashtra Public Service Commission recruited 272 Assistant Engineers (Electrical), and many were posted in the PWD for lift inspections. My petition also triggered the repeal of the outdated 1939 Act, which was replaced by the Maharashtra Lift, Escalators and Moving Walks Act, 2017,” Afzal recalls.

His efforts also inspired Tamil Nadu to introduce third-party insurance in the elevator sector, a key demand in his petition aimed at fixing criminal liability on lift contractors, housing society committees, and owners in case of accidents.

Progress Stalls Post-2015: Shift to Energy Department
Despite early wins, Afzal says systemic failures returned after the PWD and Energy Department were bifurcated in 2015, with lift safety falling under the latter’s jurisdiction. For two years, the Energy Department lacked a functional website. When it was finally created, key sections such as inspection data, accident reports, and city-wise lift statistics were left blank.

Between 2022 and 2025, only a handful of lifts were inspected, and following an April 28, 2025 circular from the Energy Department directing district-level inspections, Afzal alleges that no inspections were carried out at all. “Inspectors are drawing salaries without performing any inspections since the circular,” he claims.

RTIs filed by Afzal during this period revealed further shortcomings. Responses from officials cited information related only to the city office in Chembur, failing to provide consolidated state-wide data as mandated by law.

He was also unofficially informed that lift manufacturers were reluctant to disclose fatal/non-fatal accident data out of fear it would hurt their businesses. This prompted Afzal to suggest digitizing all lifts with a QR code or barcode to improve transparency.

2017 Act Still Not Implemented: Rules Await Notification
A major concern raised in Afzal's new PIL (L) No. 18227 of 2025, filed on June 19, is that despite the 2017 Act being passed, its implementation remains in limbo as the Lift Rules have not yet been notified, rendering the law largely ineffective.

“Unless the Rules are notified, the Act is just a paper tiger. It has been nine years. How long does it take to notify rules?” he asks. In a telling response to one of his RTIs, the Law and Judiciary Department stated that they couldn’t locate the relevant documents, as they hadn’t been received from the Energy Department.

Standards Delayed, Safety at Risk
Afzal's PIL also highlights the delayed implementation of IS 17900 (Part 1 & 2), a new Bureau of Indian Standards (BIS) regulation published in 2022 to align lift safety with international norms. Its implementation deadline was December 21, 2023, but Afzal discovered that several multinational companies were granted a one-year extension — and are now seeking further delays.

Frustrated, he wrote to the BIS Committee in October 2024, urging immediate enforcement and accountability for non-compliant firms. His letters went unanswered.

Call for Criminal Liability and Government Accountability
At the heart of Afzal’s legal fight is the demand for criminal liability in cases of elevator accidents on maintenance contractors, housing society managing committees, and property owners. He also wants the government to ensure inspections are done as per the 43-point safety checklist currently being ignored.

“There’s no awareness about this checklist anywhere in Maharashtra,” he says.

Other Safety Concerns: Construction Lifts and Stack Parking
Afzal is also calling for regulation and certification of construction hoists/lifts, often overlooked despite posing significant hazards. Similarly, he warns of rising accidents involving stack parking systems, with new cars plunging into pits due to lack of maintenance, rust, and absent certification.

“These parking systems are neither monitored nor certified. People must insist on open or podium parking when buying flats from builders,” he advises, adding that this isn’t just about lifts. It’s about governance, accountability, and the value we place on human life.