‘Abuse’ at mentally ill kids’ home shocks conscience: Bombay HC | Mumbai News – Times of India

MUMBAI: The Bombay high court has sought the state government’s reply to a PIL that alleged physical and mental abuse of mentally challenged children at a home in Mankhurd, observing that the “nature of the allegations shock the conscience”.
The PIL was filed by Abhishek Tiwari, who lives in the vicinity of Mentally Deficient Children Home, run by Children’s Aid Society. On his visits he was shocked to see the condition of the children “who are subject to inadequate food supply and unhygienic living conditions”; he said “some were also mentally and physically abused”. Children with severe and multiple disabilities were locked in a dingy room “where they ate, slept and defecated”. They were “forced to do all menial work like cleaning bathrooms/washrooms”.
HC seeks reply from govt on abuse at kids’ shelter
A PIL admitted by the Bombay high court has alleged physical and mental abuse of inmates of the Mentally Deficient Children Home in Mankhurd. They were “abused and beaten very badly and threatened not to speak to anyone about the harassment (or else, they were told) they shall be implicated in false cases”, said the petitioner Abhishek Tiwari. He cited specific cases of abuse in his PIL. He had complained to the police commissioner, and the state’s social justice and women and child development departments, but no action was taken. He urged action against the principal and the staff. Tiwari’s advocate, Ajay Jaiswal, said evidence was destroyed and that there was no CCTV coverage of the premises. He said children who complained were transferred. The principal’s advocate, Himanshu Kode, said four authorities, including the Child Welfare Committee, found no illegality.
Kode said the police refused to register an FIR because no offence was committed. He said that once Tiwari had set in motion the police machinery, the PIL was not maintainable as it had become a personal interest litigation. Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor said on Wednesday, “having regard to the nature of the allegations and sensitivity involved in relation to the children’s home where mentally retarded and differently abled children are residing we appoint” senior advocate Zubin Behramkamdin and advocate Gulnar Mistry as amicus curiae to assist the court in the matter. The judges said that considering the nature of the allegations in the PIL, it needs an investigation.
“The nature of allegations in the petition shocks the conscience,” said Justice Doctor. The judges also said the PIL pertains to mentally challenged children and the state must reply to it. “Let the State say it conducted an inquiry,” the CJ said, adding that to say that the PIL is not maintainable is not enough. Asked by the judges whether he will be amicus curiae, Behramkamdin promptly agreed. Adjourning the hearing to November 8, they directed the state and the society to file their replies.