Wednesday, January 22, 2020

Kerala HC | Seema Lal & Ors Vs. State of Kerala & Ors | WP(C).No.15436 OF 2017(S) | 22 Jan 2020

Dear colleagues,

Boom in medical tourism in Ayurveda, Kerala - God's own country, has seen proliferation of therapeutic services. With a large number of professional nurses, trained paramedical manpower, the State has also seen rise in Therapy Centres focussed on improving functional abilities and management of disabling conditions in children with disabilities. 

Several parents of children with disabilities having felt exploited at the hands of these institutions and against unprofessionally managed services with least care to child rights,  had raised a campaign for regulation of these institutions in 2015. It was learnt by parents that neither the department of health nor the social justice, women and child departments had any authority to regulate these therapy centres. These centres simply ran under the Shops and Establishements Act in the name of regulation. Several media stories led to ordering of a probe by the then Ernakulam district collector M Rajamanickam to order a probe by health department. The state child rights commission also passed directives to the state government seeking regulations. However not much change happened on the ground forcing the parents to move Kerala High Court through a writ petition. During the course of hearings, and as a result of several interim orders, Government of Kerala state took some actions to regulate these institutions. 

The Court has passed its judgement on 22 Jan 2020 in this matter titled 'Seema Lal & Ors Vs. State of Kerala & Ors' WP(C).No.15436 OF 2017(S).

In its judgment, the court has asked the state to issue the guidelines and ensure that all centres are registered with a fixed timeline. The Govt. has accordingly issued notifications, wherein the qualifications of all therapists are defined, and specifications have been issued while setting up therapy centres. Now, all therapy centres providing services to persons with disabilities under a regulatory mechanism need registration before a competent authority notified by government as per Section 49 of Rights of Persons with Disabilities Act, 2016.

This is a step in right direction and must be followed up in other States as well.

Download a copy of the Judgement

Kerala High Court
Petitioners:        Seema Lal and Ors
Respondents:     State of Kerala and Ors
Case No. :          WP(C).No.15436 OF 2017(S)
Date of Order:    22 Jan 2020

Copy of the Judgement :- Download  or read below.

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