Madhya Pradesh High Court calls for social audit of orphanages, old age homes

The Madhya Pradesh High Court recently called for a social audit of orphanages and old age homes to create a sense of belonging and security among the people living there [Dinesh Batham vs State of Madhya Pradesh and Others]..The Division Bench of Justice Anand Pathak and Justice Hirdesh said responsible and resourceful persons of the society - those holding important positions in the administration and sectors like education, health and law - must take some responsibility to visit the places.Such visits to places where persons with disability, orphans, old age people, victims of crime and other destitute are institutionalized, will help them understand the inmates’ plight and then enable them to contribute for their well being, the Court remarked.“Inmates who are living in such institutions would also feel that they are not left out by the society and the society is still eager to take them into its fold. This way, they would come in the mainstream also,” it added. .The Court made these observations while suggesting a lawyer to spend a time of one hour as community service at the Mercy Home namely Madhav Andha Ashram, (Gwalior) with some food items or snacks worth ₹1,000.The lawyer was seeking restoration of an appeal which had been dismissed for non-compliance with a conditional order.He conceded that the procedural compliance had not been made due to a bona fide mistake on part of his clerk.The Court allowed his request for restoration of appeal with the suggestion that he spend one hour with the children/inmates/families putting up at the Mercy Home..Madhya Pradesh High Court asks lawyer to perform 1 hour community service to restore case dismissed in default.The Court clarified that the suggestion was not punitive in nature and that discretion for its compliance rests with the counsel. “This community service of one hour would not only be satisfying to the soul but would also give a message to the differently abled children that society and its members care for them and that they are not considered as the children of the Lesser God,” it added.The lawyer accepted the request and said any other counsel can also accompany him. The Court asked him to submit a report on his experience and suggestions.“On submission of the report and affidavit as accepted by counsel for the applicants, Writ Appeal … shall be restored to its original number,” it ordered..This is a test case to give a concept of 'Social Audit' a chance to gain ground, the Court further said.While highlighting its importance for the well-being of inmates, the Court also emphasized that such visits by responsible persons would ensure a check on the functioning of such institutions.“Another important effect of the Social Audit is that Management of those Institutions sometime misbehave or cause mischief to the inmates especially children and females living there and this way, they would always be cautious that the society is keeping eyes over their working. Therefore, evolution of concept of Social Audit and its effective implementation is the need of hour,” it said..Thus, the Court stressed that the policy makers, particularly the Department of Women and Child Welfare, Department of Social Justice and Police must come out with some tangible solution in this regard.“Copy of this order be also sent to the Chief Secretary/ Principal Secretary, Women and Child Development Department, Department of Social Justice and Secretary Juvenile Justice Committee M.P. High Court for information and contemplation,” the Bench directed..Advocate SN Seth represented the applicant.Advocate AK Nirankari represented the State.[Read Order]