While considering a PIL on safety standards in public medical facilities, a Division Bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji observed that government medical colleges and hospitals had not been inspected for more than a year, raising serious concerns about safety standards.
The bench was also informed that the grievance redressal committee under the Kerala Clinical Establishments (Registration and Regulation) Act, 2018, had remained inactive for over one and a half years. Recently, it was reconstituted by the government on August 19, 2025. As regards the framing of Rules, the process has been initiated and requires at least three months’ time to finalise.
Noting that the State Council under the 2018 Act had also not conducted inspections in government hospitals, the court stated, "The State Council established under the Act of 2018 also has overall supervisory tasks to perform. As regards the feedback mechanism, the State Council can hold public hearings, and grievance redressal committees can receive inputs and complaints in respect of Government Hospitals. However, the State Council has not carried out any inspections of Government Hospitals under the Act, and the grievance redressal committee remained non-functional for more than one and a half years."
To strengthen the functioning of the newly formed Grievance Redressal Committee, the court directed the Kerala State Legal Services Authority (KeLSA) to step in. The case concerns a PIL filed calling for the effective administration of infrastructure, equipment, hygienic situation of all government medical colleges and hospitals following the collapse of Kottayam Medical College building.
In response to a query as to whether the Kerala State Legal Services Authority (KeLSA) could contribute in this regard, the counsel for KeLSA submitted that they can ask Taluk and District Legal Services Authorities to visit government hospitals in their areas. They would check infrastructure, hygiene, staff, medicines, and equipment, and prepare reports. These reports, though not expert inspections, will highlight if there are any general issues that need to be redressed on an urgent basis. The Taluk Authority will send its report to the District Authority, which will compile and forward it to the State Legal Services Authority. From there, it will go to the grievance redressal committee and the State Council.
However, the counsel made it clear that the visits by the Taluk/District Legal Services Authority and the submission of a report are intended to assist and aid the feedback mechanism under the Act of 2018 and are not a substitute for the statutory functions of the State Council.
Now that the grievance redressal committee has been duly reconstituted, the court suggested that the State Government consider making it more accessible by providing the committee with an online presence, including a dedicated email address, and, if feasible, a social media presence.
"This would enable any resident of the State of Kerala to submit grievances directly to the grievance redressal committee and upload audio-visual material. Ultimately, through this feedback mechanism, the State will be in a better position to address the issues relating to primary healthcare, particularly with regard to infrastructure deficiencies, wherever they exist," said the court.
The matter will be heard again on October 7, 2025.
To view the official order, click on the link below:
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