Plea In Telangana High Court Seeks Regulation Of Home Care Services, Appointment Of Authority To Monitor Labour Law Compliances

The Gareeb Guide a voluntary organization, has filed a Public Interest Litigation (PIL) in the High Court of Telangana seeking to declare the inaction of state authorities in regulating home care service centres/organizations as illegal and arbitrary.

The petition calls for the appointment of a monitoring authority or committee to oversee the implementation of relevant laws by home care service providers in Telangana.

Health care or supportive care is provided by a professional caregiver in the individual home where the patient or client is living. Compared to Institutional care, home care is less expensive and more satisfying to the individual and his family

The central issue raised in this PIL is the alleged widespread non-compliance of home care service centres/organizations with various labour and social welfare laws in Telangana. The petitioner contends that many such organizations operate without proper registration and violate key labour law provisions, potentially endangering workers and patients.

Further, it was contended in the petition that despite an office memorandum from the Ministry of Social Justice and Empowerment laying out guidelines for home care services, there is a lack of effective implementation and oversight at the state level.

The petitioner alleges non-compliance with the Telangana Shops & Establishments Act, 1988, Minimum Wages Act, 1948, and The Employees Provident Funds and Miscellaneous Provisions Act, 1952 among home care service providers.

Patient safety concerns are highlighted through several newspaper reports of crimes committed by home care workers, including assault and theft, emphasizing the need for better regulation and vetting of service providers. It is also alleged that many unregistered home care organizations are charging exorbitant fees to patients without adhering to any standardized pricing or quality control measures.

The petitioner Organisation stated that a representation was made to the concerned state authorities regarding these issues, however, no action had been taken yet. Thus, leading to the filing of the present Public Interest Litigation.

Case: Gareeb Guide v. UoI