A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V. M. while hearing public interest litigation observed that both governments are stakeholders in developing an effective policy and implementation framework for the care, rehabilitation and palliative support of children with chronic neurodevelopmental disabilities.

The Court recorded the submission of Kerala Advocate General K. Jaju Babu that the State would prepare a report and share it with the Union Government. Additional Solicitor General of India P. Sreekumar, appearing for the Centre, submitted that the SOP prepared by the State would be considered by the Central Government.

While directing the authorities on the preparation of the SOP, the Court noted that experts in paediatric palliative care have emphasised that such care should begin from the time of diagnosis and continue alongside curative and rehabilitative interventions.

However, the material placed before the Court stated that paediatric palliative 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 concerns regarding the implementation of the Kerala State Palliative Care Policy. Although the policy envisages active participation by Local Self Government Institutions through ward-level palliative care services implemented by primary healthcare teams, its implementation for children with chronic disabilities was described as inconsistent and inadequate.

According to the statement of facts recorded in the order, this has resulted in an absence of effective community-level support for affected families.

The matter is listed for further consideration on 16 September.

Case Title: Suo Motu v Represented by the Secretary

Case No: WP(PIL) 142/ 2026

Counsel for Respondents: K. Jaju Babu (AG), P. Sreekumar (ASGI)