Kerala High Court ropes in Legal Services Authorities to visit government hospitals, check shortcomings

The Kerala High Court recently directed the Kerala Legal Services Authorities (KeLSA) at the district and taluk levels to visit government hospitals across the State and compile reports on any infrastructure, hygiene, staffing, medicine, or equipment-related issues that require urgent attention [G Samuel & Ors v State of Kerala & Ors].

The Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji issued the interim order on a Public Interest Litigation (PIL) plea filed after an old bathroom complex collapsed at the Kottayam Medical College, resulting in the death of one woman and injuries to three others.

The Court has now asked KeLSA's functionaries at the district and taluka levels to visit government hospitals within their jurisdiction.

They have been directed to report any issues requiring urgent attention, which could then be placed before a grievance redressal committee recently formed under the Kerala Clinical Establishments (Registration and Regulation) Act, 2018.

"The report submitted through such visit may not be akin to an inspection by an expert body under the Act of 2018, but it will highlight if there are any general issues that need to be redressed on urgent basis. The Taluk Legal Services Authority can submit its report to the District Legal Services Authority, which, in turn, can forward the compilation to the State Legal Services Authority. The State Legal Services Authority can the forward the same to the grievance redressal committee now reconstituted and the State Council," the Court said in its August 26 order.

The grievance redressal committee that was supposed to be formed under Section 36 of the 2018 Act had remained non-functional for a year and a half. However, it was recently reconstituted on August 19, 2025, by a government order, the Court noted.

The Additional Chief Secretary, Health and Family Welfare, also submitted that the government is in the process of framing rules under Section 4(1)(e) of the Act for the periodic inspections of clinical establishments. This process would take at least three more months, the Court was told.

The Court noted that the State Council established under the 2018 Act had supervisory powers to oversee clinical establishments, including government hospitals.

However, no such inspections had been carried out so far, leaving a serious gap in addressing the issues surrounding government hospitals

To bridge this gap, the Court asked KeLSA to step in and directed the district and taluk level authorities of the body to visit hospitals across the State and submit inspection reports within six weeks, highlighting issues that require urgent attention.

"We make it clear that this visit by the Taluk / District Legal Services Authority and the submission of report are only to assist and aid the feedback mechanism under the Act of 2018 and are not in substitution of the statutory functions of the State Council," the Court added.

The Court also stressed the need to make the grievance redressal committee more accessible to the public.

To this end, the Court urged the State to give this grievance redressal mechanism an online presence, with a dedicated email ID and a social media presence. This would help the public directly submit grievances along with supporting audio-video evidence, the Court noted.

"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," it added.

The matter has been posted for further hearing on October 7, 2025.

Advocate Fida Hasna PP appeared for the petitioners.

State attorney N Manoj Kumar appeared for the Health Department.

Advocate Leo Lukose represented KeLSA.

Senior counsel Ranjith Thampan assisted the Court as amicus curiae.

[Read Order]