"Be Ashamed": Bombay High Court Tells Maha Govt Over Inaction On 2012 'New Year Party' In Differently-Abled Children's Home

The Bombay High Court on Monday said the Maharashtra Government and its officials must be 'ashamed' of themselves for not being able to point out even after 11 years that whether they have taken any action against the officials of the Children's Aide Society (CAS) and the Child Welfare Committee (CWC) over a 'shocking' New Years Party in December 2012, wherein 20 mentally disabled girls were made to dance along with 'scantily-clad' dancers in a home meant for children with mental deficiency. According to the plea, a shocking party with liquor, bar dancers and outsiders was held at the Home For Mentally Deficient Children in Mankhurd, Mumbai, wherein around 20 girl inmates of the said home were made to dance with semi-nude dancers till 3 AM. The incident came to light after nearly 11 months of the incident when staff members of the home run by the CAS wrote a letter to the Governing Council of the CAS highlighting the incident and seeking to ensure that no such incident repeats in future. In 2014, a PIL came to be filed in the Bombay High Court seeking various reliefs, including action against the CWC and the CAS officials for allowing the party hosted by one of the donors of the said home. Various division benches have passed time-to-time orders in the matter, and the PIL continues to be pending. When the matter was called out on Monday, a division bench of Chief Justice Alok Aradhe and Justice Sandeep Marne said they cannot let the PIL be pending even after 11 years of its filing, only because the State officials are unsure about whether any action has been taken or not. "We cannot let the PIL be pending for perpetuity... Has any action been taken or not? We do not want this PIL to unnecessarily be pending. Just say if action is taken or not..." CJ Aradhe asked the government counsel.However, the government counsel sought some time to verify if any action was taken. Irked over the response, the Chief Justice remarked, "You should be ashamed of your officers and yourself if no action is taken and if you say in this court that you will need to check what has happened in the matter... Is this how you conduct such sensitive matters. This is a PIL which involves public interest and you are unaware of any action taken or not."On the counsel's further request for additional time, the bench went on to record in the order, "On being asked, the government counsel is unable to specify if any action is taken or not and he seeks time. We do not want this PIL to be pending. Thus, we dispose of the said PIL which has sought thorough enquiry into the incident dated December 31, 2012, in which allegedly liquor was served and half naked girls were dancing in the said home."The bench, however, issued a directive to the Commissioner of Persons With Physical Disabilities to initiate an enquiry into the incident."It is noted that the Chairman of the CWC and also of the Committee for Child and Women's Welfare, had conducted an enquiry into the incident, yet no action has been taken. We are surprising to note this especially because this PIL is pending for last 11 years. The Commissioner of Persons With Physical Disabilities is therefore, directed to conduct a fresh enquiry into the incident. He shall conduct the enquiry within six weeks from today and a report of the same be submitted to the Registry of the HC," the judges ordered.

"Be Ashamed": Bombay High Court Tells Maha Govt Over Inaction On 2012 'New Year Party' In Differently-Abled Children's Home

Narsi Benwal

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