Partly allowed

Pretty Rachal Koshy v. Social Justice Department

Kerala HC6 Dec 2021WP(C)/18027/2017

Case brief

AI extract

What is this about?

This PIL regarding the regulation of illegal day care centres and creches was disposed of. The Court accepted the Government's assurance to issue an order under Article 162 within two months to finalize policy decisions and issue specific guidelines for day care centres.

What did the court decide?

Direction to issue guidelines under Article 162 regulating day care centres within two months.

Pretty Rachal Koshy Vs Social Justice Department — Child Custody and Guardianship | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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MONDAY, THE 6^TH DAY OF DECEMBER 2021 / 15TH AGRAHAYANA, 1943 WP(C) NO. 18027 OF 2017

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PETITIONERS:

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PRETTY RACHAL KOSHY

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AGED 40 YEARS, D/O. KOSHY C DANIEL, H2, BLOCK NO.2, JEWEL CROWN APARTMENT, PALARIVATTOM,KOCHI- 25

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BY ADV SMT.SANDHYA RAJU

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RESPONDENTS:

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1 SOCIAL JUSTICE DEPARTMENT REPRESENTED BY THE PRINCIPAL SECRETARY, GROUND FLOOR,SECRETARIAT, STATUE, THIRUVANANTHAPURAM-695 001.

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2 STATE OF KERALA

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REPRESENTED BY THE DIRECTOR OFFICE OF THE DIRECTOR OF SOCIAL WELFARE VIKAS BHAVAN, V^TH FLOOR, TRIVANDRUM-33

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3 THE SECRETARY COCHIN CORPORATION, PARK AVE, MARINE DRIVE, ERNAKULAM DISTRICT- 682011

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Addl.4 THE DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT REPRESENTED BY THE SECRETARY.

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[IS IMPLEADED AS ADDITIONAL R4 AS PER ORDER DATED 06/07/2018 IN WPC]

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BY ADVS. STATE ATTORNEY

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R1, 2 & 4 BY SRI. K.R.RANJITH, GOVT. PLEADER SRI.S.CHANDRASENAN R3 BY SRI.D.G.VIPIN, SC COCHIN CORPORATION

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C)18027/2017

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J U D G M E N T

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Dated this the 6^th day of December, 2021

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S. Manikumar, CJ.

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Instant public interest litigation is filed for the following reliefs:

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“a) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondents to conduct an enquiry into the functioning of illegal day care centres/creches.

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b) To issue any other writ, declaration or order directing the respondents to take emergent steps to ensure regulation and monitoring of the Daycare Centres/Creches.”

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Having regard to the averments and the material on record,

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this Court has passed orders periodically. On 6.7.2018, the following order was passed:

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“The petitioner is a child rights activist and has filed this Public Interest Litigation (PIL)expressing concern on account of the absence of day care centres/creches for children as also the failure of the State Government to provide for regulatory measures to monitor the already functioning day care centres/creches. Smt. Sandhya Raju, the learned counsel for the petitioner submits that while some attention has been paid to those in the municipal areas, there is utter failure of the

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W.P(C)18027/2017

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Government to address the issue, in the interior areas of the State.

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The learned counsel specifically refers to the Ext.P1 and Ext.P2 formulated by the Government of India, providing for the Rajv Gandhi National Creches Scheme for the children of working mothers as also the National Early Childhood Care and Education Policy and she states that the Government of Kerala is yet to take necessary steps in line with the national policy.

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3 Representing the respondents, Sri.K.V. Sohan,the State Attorney firstly submits that a new Department i.e., the Department of Women and Child Development was constituted with effect from 31.08.2017and this is the Nodal Department to address the concern raised by the petitioner

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In view of the above, the impleadment of the Department of Women and Child Development, represented by the Secretary is ordered in this case.

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Sri. K.V.Sohan takes notice for all the respondents. The matter is admitted. The respondents should file their counter affidavit in four weeks.”

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Pursuant to the directions, Department of Women and Child

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Department, represented by the Secretary/respondent No.4 has filed a statement dated 2.12.2021, which reads thus:

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It is submitted that this Hon'ble Court by Interim Order dated 03.11.2021 emphasized the need for a detailed

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W.P(C)18027/2017

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legislation with respect to 'Early Childhood Care and Education' and also ordered to take a policy decision on the legislation for Early Childhood Care and Education. To bring in a regulation for the day care centres, pre schools and kindergarten 'ECCE Early Childhood Care and Education' need to be incorporated as a subject under the purview of Women and Child Development Department. For this purpose a draft for the amendment of Rules of Business was prepared and forwarded to General Administration (SS) Department for making necessary amendments in the Rules of business. General Administration (SS) Department has opined to furnish fresh proposal after re Examination with the General Education Department since the Subject 'Early Childhood Care and Education (ECCE)' includes 'Pre-primary Education' also. Accordingly, the matter has been taken up with the General Education (U) Department for their remarks. Action in this regard will be taken immediately on the receipt of the file from that department with necessary Concurrence for the amendment of the Rules of business. A detailed note at Principal Secretary level has also been forwarded to General Education Department informing the direction of the Hon'ble High Court and again requested for Concurrence for the amendment of the Rules of Business.

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This Hon'ble Court observed that having regard to the time normally consumed in the matter of legislation and the legislative power of the Government to issue appropriate Government orders under Article 162 of the Constitution of India, issuing directions under Article 162 of the Constitution of

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India will be an immediate requirement and accordingly directed the Government to take a decision in that regard having regard to the parameters already contained in the National Scheme and with modification if any required, taking care also of local needs.

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Hence, as legislation would take time, Director, Women and Child Development Department has been directed to prepare and submit draft guidelines to regulate day care centres, play Schools and kindergartens on the basis of the National Creche Scheme and Anganwadi Scheme. In order to complete the of process of policy decision and examination and approval of draft guidelines, at least two months time would be required so as to complete the administrative procedures and to issue order under Article 162 of the Constitution of India. It is respectfully submitted that there is no willful negligence or laches on the part of the respondent in issuing orders as directed by this Hon'ble Court. Since different Departments of the Government are involved in the matter, there is unavoidable procedural delay in the matter. Hence, it is most humbly prayed that this Hon'ble Court may be pleased to grant atleast two months' time for issuing appropriate orders in this regard."

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Inasmuch as the Government have assured to issue an order under Article 162 of the Constitution of India, within two months, with reference to the prayers sought for, placing on record the same, we

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dispose of the writ petition directing the Principal Secretary to the Government, Social Justice Department, Thiruvananthapuram/ respondent No.1 to complete the process of finalising the policy decision and issue guidelines under Article 162 of the Constitution of India, within two months from the date of receipt of a copy of this judgment. It is made clear that this writ petition is pending from the year 2017 onwards and hope that there may not be any administrative

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delay in issuing the guidelines.

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Sd/S. Manikumar,

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Sd/Shaji P. Chaly, Judge

sou.

APPENDIX OF WP(C) 18027/2017

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PETITIONER EXHIBITS

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EXHIBIT P1 COPY OF THE RAJIV GANDHI NATIONAL CRECHE SCHEME FOR CHILDREN OF WORKING MOTHERS EXHIBIT P2 A COPY OF THE NATIONAL EARLY CHILDHOOD CARE AND EDUCATION (ECCE) EXHIBIT P3 A COPY OF A SERIES OF NEWSPAPER REPORTS HIGHLIGHTING THE INSTANCES OF NEGLECT OF CHILDREN

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RESPONDENTS' EXHIBITS

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EXHIBIT R4(a)	A TRUE COPY OF THE NATIONAL CRECHE
	SCHEME FOR THE CHILDREN OF WORKING MOTHERS PUBLISHED BY THE GOVERNMENT OF
	INDIA, MINISTRY OF WOMEN AND CHILD DEVELOPMENT, NEW DELHI.
EXHIBIT R4(b)	TRUE COPY OF THE RELEVANT PAGES OF
	GUIDELINES FOR CONSTITUTION OF
	MONITORING & REVIEW COMMITTEE AT DIFFERENT LEVEL TO REVIEW PROGRESS IN IMPLEMENTATION OF ICDS SCHEME ISSUED
	BY THE GOVERNMENT OF INDIA, MINISTRY OF WOMEN AND CHILD DEVELOPMENT DATED 31.3.2011
ANNEXURE 1	GO(MS) NO.35/2017SJD DATED 9.8.2017- GRANTING ADMINISTRATIVE SANCTION FOR
	TAKING OVER 571 CRECHES ALONG WITH ENGLISH TRANSLATION
ANNEXURE 2	LIST OF CRECHES RUN BY KERALA STATE COUNCIL FOR CHILD WELFARE.
ANNEXURE 3	G.O(RT)NO.326/2020/SJD DATED 12.7.2020 – GRANTING ADMINISTRATIVE SANCTION FOR
	STARTING NEW MOBILE CRECHES FOR
	CHILDREN OF MIGRANT WORKERS

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ANNEXURE 4	GAZETTE	NOTIFIC	ATION G.O(MS).288/
	2017/GAD	DATED 3	1.8.2014- AMENDMENT
	RULES OF	BUSINESS	CREATING A SEPARATE
	DEPARTMEN DEVELOPME	T NAME NT DEPART	D WOMEN AND CHILD MENT
ANNEXURE 5	LETTER	NO.WCD/E	5/12106/2020 DATED
	4.11.2020	OF HE	DIRECTOR, WOMEN AND
	CHILD THIRUVANA TRANSLATI	DEVELOP NTHAPURAM ON	MENT DEPARTMENT, ALONG WITH ENGLISH
ANNEXURE 6	LETTER	NO.ICDS/	B7/32521/19 DATED
	10.11.202	0 OF THE	DIRECTOR , WOMEN AND
	CHILD DE	VELOPMENT	THIRUVANANTHAPURAM
	ADDRESSED	TO THE	SECRETARY, WOMEN AND
	CHILD	DEVELOP	MENT DEPARTMENT,
	THIRUVANA TRANSLATI	NTHAPURAM ON	ALONG WITH ENGLISH

Pretty Rachal Koshy v. Social Justice Department

Case brief

What is this about?

What did the court decide?

Pretty Rachal Koshy v. Social Justice Department

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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