SEEMA LAL Vs. STATE OF KERALA

JUDGEMENT

(1.) Instant public interest writ petition is filed for a writ of mandamus directing State of Kerala, represented by the Principal Secretary, Department of Social Welfare, Thiruvananthapuram, respondent No.l, and Department of Health and Family Welfare, represented by the Additional Chief Secretary, Thiruvananthapuram, respondent No.2, to implement Exhibit-P5 order of the State Commission for Protection for child rights.

(2.) Petitioner has sought for a further direction to respondents 1 and 2 to take emergent steps to establish Therapy Centers for children with Autism Spectrum Disorder and other neurological disabilities in line with Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 2016 (49 of 2016), (hereinafter called 'Act, 2016'), which came into force with effect from 19.4.2017, .

(3.) A counter affidavit has been filed on behalf of State of Kerala, Represented by the Principal Secretary, Department of Social Welfare, Secretariat, Trivandrum, 1st respondent, to the effect that the Act, 2016 was enforced on 19.4.2017. As per section 49 of the Act, the State Government have to appoint a competent authority for registration of institutions for persons with disabilities. Section 101 of the Act, 2016 provides for framing ofrules for carrying out the provisions of the Act. Section 101(2)(c) empowers the State Government to frame rules for the form and manner for making an application for obtaining certificate of registration and section 101(2) (d) speaks about the facilities to be provided and the standards to be met out by the institutions for grant of certificate of registration.