Mumbai: The Bombay High Court has sought an explanation from the Maharashtra government as to why 94 homes for mentally deficient children (MDC) are either non-functional or non-operational.
A bench of Chief Justice Alok Aradhe and Justice MS Karnik has asked the government to explain steps being taken to revive these homes. It has also asked the state to file a “comprehensive affidavit” over the functioning of MDC homes and facilities provided to such children.
The HC was hearing a PIL filed by activist Sangeeta Punekar in 2014 highlighting the “shocking state of affairs”, while pointing out news reports alleging of a New Year Eve party being hosted in 2012 in an MDC home comprising 265 inmates.
The news report further said that champagne was popped, cash was showered on bar dancers, and alcohol was served at the party on December 31, 2012. The institution is run by a 100% aided NGO, Children’s Aid Society.
Over the years, the HC has passed directions for improving such homes and for providing better facilities.
On Thursday, senior advocate Zubin Behramkamdin, who was appointed as amicus curiae (friend of the court), submitted that based on affidavits filed by the government earlier, it appears that “some steps are taken to ameliorate condition of children with mental disability, still some deficiencies are required to be removed”.
Additional Government Pleader (AGP) Abhay Patki, told the bench that “the state is ready and willing to take the steps which are required to be taken for the welfare of the children”.
The bench then issued several directions for the welfare of children in MDC homes and asked the State whether it has undertaken the exercise of consulting experts, including Maharashtra State Coordination Committee for child protection, and whether it has appropriate number of MDC homes in the State
“The State shall indicate reasons as to why 94 homes are either not operating or not at all functional in state and inform the steps taken to revive the functioning of 94 mentally deficient children homes,” the court said.
It also sought details of the current status of the utilisation committee established by the Government Resolution (GR) of February 17, 2018, and asked the government to place on record a copy of the amended Juvenile Justice Rules.
After the amicus pointed out that the government has reduced the amount paid, on pro tem basis, from Rs 2,000 per head to Rs 1,650 per head, the HC asked the State to disclose the amount of grant given to every MDC home.
Also, it has to indicate action taken under the Niramaya Health Insurance Scheme, and details of vocational training provided to inmates of said homes. The Niramaya Health Insurance Scheme by the Ministry of Social Justice and Empowerment provides affordable health insurance coverage of up to Rs 1 lakh annually for people with autism, cerebral palsy, intellectual disability, and multiple disabilities. Moreover, the HC has called for the benefits extended to the inmates under the Sarva Shiksha Abhiyan.
Directing the state to file a comprehensive affidavit in four weeks, the HC has scheduled the PIL for hearing on June 16.
