Transformative Court Order Ensures Child Safety and Parent Training in Kerala

April 30, 2017

In a momentous turn of events, a Public Interest Litigation (PIL) filed in Kerala has yielded a transformative court order, paving the way for enhanced child safety and parent training in the state. The PIL, filed on May 2nd, under Case No: 15436/17, has been a rallying point for concerned individuals, and the recent court order stands as a testament to the power of collective action. The court order, delivered under the banner of #TogetherWeCan, outlines several crucial directives:

1. Government Therapy Centers Must Open Within Three Months:   Within the next three months, the government will establish therapy centers. This significant step ensures that children in need have access to professional therapy and support without unnecessary delay.

2. Mandatory Registration of All Therapy Centers:   In a bid to streamline services and ensure accountability, all therapy centers in Kerala will be required to register within four months. This move will facilitate oversight, transparency, and quality control.

3. Prompt Notification of Regulations:   Within ten days from the date of the order, comprehensive regulations for running therapy centers must be notified. These regulations will provide a framework for the safe and effective operation of these essential facilities.

4. Allocation of Three Crores for the Intended Purpose:   The government has allocated three crores for the establishment and regulation of therapy centers. Importantly, this funding will be dedicated exclusively to this purpose, ensuring that it is not diverted elsewhere.

The impetus for this legal action stemmed from the pressing need for child safety, particularly for children with Autism Spectrum Disorder (ASD) and other neurological disabilities. The PIL is driven by a group known as #TogetherWeCan, which is primarily composed of parents of children with ASD, as well as professionals and members of the general public who share their concerns. This initiative was born from a heartfelt desire to address an urgent issue. Concerns were raised as it became evident that children receiving therapy in various centers, including Occupational Therapy (OT), Special Education, Speech and Language, and Behavior Therapy, did so without the presence of parents or guardians. Sessions, which lasted from 45 minutes to an hour, were often charged at rates ranging from 150 to 200 rupees, with an average of 500 rupees. The lack of parental involvement and oversight in these therapy sessions raised a series of disturbing issues. Parents, frequently unaware of the activities taking place behind closed doors, began to voice their concerns. Alarming reports emerged, describing children with injuries, some even severely harmed – tied to chairs, subjected to the use of sticks, physical harm, and even suffering broken limbs. What was particularly distressing was that the parents who did summon the courage to speak up were often met with resistance. Complainants were frequently refused further therapy, leading others to remain silent out of fear and exhaustion. #TogetherWeCan made it their mission to confront this challenge head-on. They embarked on a journey to engage with key stakeholders, beginning with the therapists themselves. However, therapists were limited in their ability to address the issue, as the policies regarding parental presence within therapy centers were determined by the institutions themselves. Undeterred, the initiative then turned to the owners of these therapy centers. Unfortunately, these attempts also met with resistance. Center owners offered a variety of reasons for not allowing parents inside during therapy, from concerns about a lack of child cooperation to perceived disruptions caused by parents. The #TogetherWeCan initiative draws attention to a critical aspect of therapy – the need for parents to be actively involved in their child's development. Therapy, especially for children with special needs, should not be confined to a weekly session with a therapist. The ultimate objective is to enhance the quality of life for the child and their family, necessitating a continuous effort at home. The relationship between a child and their parent is constant and unwavering, and it is this bond that plays a vital role in the child's progress. In many therapy centers, trainees or student therapists take over when senior therapists are absent, making it challenging for children to establish a consistent rapport. Seeking resolution, #TogetherWeCan approached the Kerala State Commission for Protection of Child Rights (KeSCPCR). While their petition was heard and accepted, it was revealed that these therapy centers did not fall under any regulatory body. As a result, immediate solutions were elusive. The next step took the initiative to the Child Welfare Committee of the Ernakulam district, who also supported the cause but noted that their jurisdiction did not encompass cases where parents were present. Subsequently, the issue was presented to the district's Collector, who issued an order prohibiting illegal therapy centers. The media's involvement shed light on the situation, raising hopes for a resolution. Despite these promising developments, progress stalled at this stage. An appeal to the Minister for Social Justice went unanswered, leaving #TogetherWeCan with a growing sense of urgency. The intervention of the Kerala State Commission for Protection of Child Rights marked a significant turning point. The Commission passed an order in favor of #TogetherWeCan, recommending that each district form a committee to oversee therapy center operations and establish best practices, with parents as an integral part of these committees. Regrettably, this order remained unimplemented. After two years of relentless effort, #TogetherWeCan is now seeking public support to elevate their cause to a matter of public interest. Their goal is to file a Public Interest Litigation at the High Court of Kerala, the final and most critical step in their journey. It's crucial to emphasize that #TogetherWeCan does not oppose therapists or therapy centers. Instead, they advocate for transparency in therapy center operations, accountability for therapy outcomes, meaningful goal setting for children, concrete home-based programs, documentation of an Individualized Education Plan, monitoring of child progress, and coordinated efforts among therapists. Above all, they champion the safety of children undergoing therapy behind closed doors and advocate for the inclusion of parents in the therapy process, fostering an effective partnership between therapists and parents. As #TogetherWeCan gears up for the next phase of their campaign, they stress the urgency of making this a matter of public interest. Their mission is propelled by the hope of transforming the landscape of child therapy, ensuring the well-being and progress of children with special needs in Kerala. Public support will be instrumental in realizing this vision. https://www.facebook.com/permalink.php?story_fbid=pfbid0ZgMkg5TkAnzw1PujWcj67bfutGYCa8G5qaizXDEmoW29YVcb67wWMyyFWcjidcnnl&id=100004108419899