Kerala HC Directs Legal Services Authority to Inspect Govt Hospitals Citing Inaction Under Clinical Establishments Act, 2018 - 2025-08-28

Kerala High Court Taps Legal Services Authority to Inspect Govt Hospitals Amidst Statutory Body's Inaction

ERNAKULAM: In a significant move to enhance accountability in public healthcare, the Kerala High Court has directed the Kerala State Legal Services Authority (KeLSA) to conduct visits to government hospitals and submit reports on their condition. The order came during the hearing of a Public Interest Litigation (PIL) highlighting deficiencies in the state's healthcare system.

A Division Bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji issued the directive after noting that statutory bodies established under the Kerala Clinical Establishments (Registration and Regulation) Act, 2018, had been largely non-functional.

Case Background

The PIL, filed by G. Samuel, sought the court's intervention to address issues in government-run clinical establishments. The court's focus turned to the implementation of the Clinical Establishments Act of 2018, which provides a framework for the registration and regulation of all clinical establishments, including government hospitals.

The Act mandates the creation of a State Council for supervision and a Grievance Redressal Committee to handle complaints. However, the court observed that these mechanisms were not operating effectively.

Arguments and Court's Observations

The State Attorney, representing the government, informed the court that the Grievance Redressal Committee, which had been non-functional for over a year and a half, was finally reconstituted on August 19, 2025. He also stated that the process of framing necessary rules under the Act was underway but would require at least three more months.

The Bench expressed concern over the "absence of inspections and a functional grievance redressal committee for a substantial period." It noted that crucial bodies meant to ensure quality and address public complaints were not fulfilling their statutory duties.

"The issues such as the one raised in this Petition fall squarely within the ambit of the State Council and the grievance redressal committee... In view of the absence of inspections and a functional grievance redressal committee for a substantial period, it would aid and assist the State machinery under the Act of 2018 if inputs regarding Government Hospitals are received," the Court observed in its order.

An Interim Solution: Involving KeLSA

To bridge this accountability gap, the High Court enlisted the help of KeLSA. The court directed the Taluk and District Legal Services Authorities to visit government hospitals within their jurisdictions. These visits are intended to act as a feedback mechanism, focusing on key areas such as:

• Infrastructure
• Hygiene
• Human Resources
• Availability of medicines and equipment

The Bench clarified that this measure is not a substitute for the statutory inspections required under the Act but is meant to "assist and aid the feedback mechanism" and highlight urgent issues.

The reports generated by the Taluk authorities will be compiled at the district level and forwarded through KeLSA to the newly reconstituted Grievance Redressal Committee and the State Council for necessary action. The entire process is expected to be completed within six weeks.

Final Directions and Future Implications

In its concluding remarks, the court urged the State Government to make the Grievance Redressal Committee more accessible to the public by establishing an online presence, including a dedicated email address and potentially a social media handle. This would allow citizens to submit grievances and evidence directly.

The case is scheduled for its next hearing on October 7, 2025, by which time the initial reports from KeLSA are expected to be submitted, providing a crucial, independent assessment of the state of public healthcare facilities in Kerala.