Court Orders Central and State Governments to Collaborate on Palliative Care and Rehabilitation Framework
In a landmark decision, the Kerala High Court has mandated the creation of a comprehensive Standard Operating Procedure (SOP) aimed at enhancing the care, rehabilitation, and palliative support for children suffering from chronic neurodevelopmental disabilities. This directive was issued in response to a Public Interest Litigation (PIL) initiated suo motu by the court, highlighting the urgent need for an organized and effective healthcare system for affected children.
The Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M. emphasized the necessity for a coordinated effort between the Central and State Governments to formulate a robust policy and execution framework. The court underscored the significance of initiating palliative care at the diagnosis stage, ensuring it runs parallel to curative and rehabilitative interventions. This approach is crucial to provide comprehensive support to children and their families.
The judgment draws attention to the inadequacies in the implementation of the Kerala State Palliative Care Policy, particularly the lack of ward-level palliative care services for children with chronic disabilities. The court noted that current efforts remain fragmented, largely relying on isolated institutional initiatives and voluntary organizations, rather than a cohesive state-wide public healthcare strategy.
The Advocate General assured the court that the State Government would draft a report on the SOP, which will be shared with the Union Government for consideration. The Additional Solicitor General of India (ASGI) affirmed the Central Government's commitment to reviewing the proposed SOP. The court suggested a joint meeting between the Central and State Governments to facilitate the development of a comprehensive policy and execution framework.
The matter has been scheduled for further hearing on September 16, 2026, allowing time for the governments to prepare and discuss the proposed SOP.
Bottom Line :
Directions issued for preparation of a comprehensive Standard Operating Procedure (SOP) for care, rehabilitation, and palliative support of children with chronic neurodevelopmental disabilities, involving joint efforts by Central and State Governments.
Statutory provision(s): Not explicitly mentioned in the judgment.
Suo Motu v. Union of India, (Kerala)(DB) : Law Finder Doc id # 2965141
