Evolution Of Social Audit Is Need Of The Hour: Madhya Pradesh HC Suggests 1-Hour Community Service To Counsel While Restoring A Plea

The Gwalior bench of the Madhya Pradesh High Court while restoring an appeal which had been earlier dismissed for non compliance of a conditional order suggested the counsel for the applicant to invest one hour of community service by visiting a Mercy Home and spending some time with differently-abled children. The court suggested this act so as to raise awareness about the concept of 'social audit' and to know about the plight of the inmates at different Mercy Homes/NGOs and create sense of well-being amongst them. As the court said that the suggestion is not punitive in nature, the same was readily accepted by counsel for the applicant and he undertook that the applicant and the counsel would not only visit the mercy home but also would carry food items with them and spend one hour there. A division bench of Justice Anand Pathak and Justice Hirdesh observed, “This is a test case to give concept of 'Social Audit' a chance to gain grounds. Responsible and Resourceful persons of the Society who are occupying important positions in the Department of Administration/Education/Health/Legal and other related fields including Professionals like Chartered Accountants/ Doctors/ Lawyers etc., to take some responsibility to visit the places (like orphanage/old age home/ mercy home/ one stop center etc.) where persons with disability/orphans/old age people/ victims of the crime and other destitutes are institutionalized so that they can come to know about the plight of these inmates and would be able to contribute while raising their standards of living and to create sense of well-being amongst them. 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 main stream also”.The court said that another important effect of this Social Audit is that the management of these Institutions sometimes misbehave with the inmates–especially children and females; this way they would always be cautious that the "society is keeping eyes over their working". Underscoring that the evolution of Social Audit and its effective implementation is the need of hour, the court asked policy makers especially Department of Women and Child Welfare Development (DWCD), Department of Social Justice and Police Department to come out with some tangible solution in this regard.The applicant had filed a plea seeking restoration of a writ appeal which was dismissed earlier for non-compliance of the common conditional order. The counsel for the applicant submitted that due to bona fide mistake of his clerk, the defaults could not be cured. The court accepted the reasons put forward by the counsel as being genuine and bona fide and thereby allowed the application.Thereafter, the court suggested the counsel for applicant to invest one hour of community service while visiting Mercy Home namely Madhav Andha Ashram, (Gwalior) with some food items/snacks of Rs. 1,000/- and spend one hour with the children/ inmates/ families who are being taken care of by the NGO/Society sponsored by State Government. “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.”, the Court said.“Appreciating the gesture shown by counsel for the applicant with the earnest hope and belief that applicants and counsel would visit the aforesaid place within 15 days from today and spend one-hour time with the children/ inmates/families of the mercy home and bring smile on their face satisfy their soul. It is expected that any Government Advocate or other advocate may also accompany the counsel for this purpose.”, the Court said.Thereafter, the counsel for the applicant was directed to submit a report regarding the visit to the Mercy Home within fifteen days elaborating his experience and status of mercy home with suggestions, if any, in the writ appeal which is going to be restored by the present order.The plea for restoration was thus, allowed subject to compliance of the directions given by the Court.Case Title: Dinesh Batham Versus The State Of Madhya Pradesh And Others, Misc. Civil Case No. 4014 of 2024Citation: 2024 LiveLaw (MP) 316Click Here To Read/Download Order

Evolution Of Social Audit Is Need Of The Hour: Madhya Pradesh HC Suggests 1-Hour Community Service To Counsel While Restoring A Plea

Anukriti Mishra

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