Kerala High Court: In a suo motu petition, concerning the need for a comprehensive policy and implementation framework for the care, rehabilitation and palliative support of children with chronic neurodevelopmental disabilities in Kerala, a Division Bench of Soumen Sen*, CJ. and Syam Kumar V.M., J. suggested that a joint meeting between the Central and State Governments would be beneficial for developing a comprehensive Standard Operating Procedure (SOP) applicable throughout the State. It emphasised that both Governments are important stakeholders in addressing the healthcare and support needs of children with chronic neurodevelopmental disabilities and their families.
The Court noted the submission of the Advocate General that the State Government would prepare a report and share it with the Union Government. The Assistant Solicitor General of India (ASGI) also submitted that the SOP prepared by the State would be considered by the Central Government.
The Court suggested that a joint meeting between the Central and State Governments would be beneficial for developing a comprehensive SOP applicable throughout the State. It emphasised that both Governments are important stakeholders in addressing the healthcare and support needs of children with chronic neurodevelopmental disabilities and their families.
While directing the preparation of the SOP, the Court specifically required the authorities to take into consideration the concerns recorded in the statement of facts. The Court highlighted the importance of paediatric palliative care beginning from the time of diagnosis and continuing alongside curative and rehabilitative interventions. It noted that such care in Kerala remains limited and is largely dependent on isolated institutional initiatives and voluntary organisations rather than an organised, State-wide public healthcare system.
The Court further took note of the Kerala State Palliative Care Policy, which envisages the participation of Local Self Government Institutions through ward-level palliative care services delivered by primary healthcare teams. However, the Court observed that implementation of these provisions for children with chronic disabilities has been inconsistent and inadequate, leaving affected families without effective community-level support.
Accordingly, the Court directed that these concerns be considered while preparing the SOP and encouraged coordination between the Central and State Governments to establish a comprehensive framework for care, rehabilitation and palliative support.
The matter has been listed for further consideration on 16 September 2026.
[Suo motu v. Represented by the Secretary, 2026 SCC OnLine Ker 12471, decided on 19-8-2026]
Advocates who appeared in this case:
For the Respondents: Mr.K. Jaju Babu, AG, Mr.P.Sreekumar, ASGI
