In a petition concerning the situation of Homes for Mentally Challenged Children in Maharashtra, the Bombay High Court directed the State government to file a detailed affidavit indicating the number of such Homes in the State and the steps taken to revive the functions of such homes among other things.
The case stems from a 2014 petition, where it was alleged that bar dancers were invited to a Shelter Home at Mankhurd and 26 mentally challenged girls were brought to the home without seeking permission from the concerned authorities. It was alleged liquor was served and scantily clad bar dancers danced at a party held at the shelter home.
Subsequently, several issues were raised in the petition including the safety of homes for mentally challenged children, basis facilities, health of children, etc.
Today, the State counsel said that the government is ready and willing to take any measures which are required for the welfare of children.
A division bench of Chief Justice Alok Aradhe and Justice MS Karnik issued several directions to the State government.
The Court asked the State to indicate whether it has undertaken the exercise of consulting experts for child protection and whether it has ascertained the number of Mentally Deficit Children (MDC) homes. It stated that the state government shall indicate reasons as to why 94 homes are not functional in the state and steps taken to revive the functioning of MDC homes.
It directed the State to disclose the amount of grant given to such homes per head and whether it is paid as a pro tem measure.
The Court further said that the affidavit should include the details of rehabilitation or coordination committees and district level committees.
It further asked the State to place on record the amended copy of the State Juvenile Justice Rules. The State also needs to provide details of the Inspection Committee as mandated by the Juvenile Justice Act.
The State also needs to file details of action taken to enrol children ‘Niramaya Health Insurance’ and further details of vocational training to be provided to inmates of MDC. The State needs to answer if the benefits of ‘Sarva Shiksha Abhiyan’ scheme has been extended to MDC homes.
The Court asked the Commissioner of Disabilities to file the said affidavit within 6 weeks.
The Court will next hear the matter on 16 June.
Case title: Sangeet Sandeep Punekar vs. State of Maharashtra and Ors. (Public Interest Litigation No. 70 Of 2014)
