The Kerala High Court has ordered the State government to urgently prepare draft guidelines for the regulation of creches, daycare centres, and other pre-primary childcare institutions, cautioning that any further delay would amount to a breach of its earlier directions. The Division Bench, consisting of Chief Justice Nitin Jamdar and Justice V. M. Syam Kumar, was hearing a public interest litigation filed by a mother and lawyer, raising concerns about the absence of uniform regulatory standards in early childhood education settings.
In its judgment, the Court recalled a prior assurance given by the government in 2021 in the case Pretty Rachal Koshy v. Social Justice Department. In that matter, the State had pledged to issue an executive order, within two months, to regulate daycare and creche services. The Court noted that despite that promise, the draft guidelines remained pending. Addressing representatives of the Women and Child Development Department and the General Education Department, who appeared online before the court, the judges expressed their disappointment over the ongoing delay and pressed for immediate action.
The Bench directed the officials to finalize and publicly release the draft guidelines within two weeks, indicating that provisional measures could be approved if necessary. Chief Justice Jamdar emphasized that issuing a temporary policy should not be postponed under the guise of waiting for a perfected version; the court made clear that getting guidelines in place promptly was more important than waiting for an ideal draft. If the government failed to act within the stipulated time frame, the Court warned, it would be held in breach of its earlier orders.
The Court scheduled the next hearing in the matter for December 2, thereby keeping up judicial pressure on the State to fulfill its regulatory obligations for safeguarding the welfare and quality of early childhood care.
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