Madhya Pradesh High Court advises lawyers to visit Mercy Home and spend an hour with children with disabilities to support the ‘Social Audit’ initiative.
The Madhya Pradesh High Court instructed a lawyer to visit a mercy home and spend an hour with differently-abled children while reviewing a case where the lawyer’s clerk had made an error that could not be fixed. The Gwalior Bench highlighted that this case serves as a test for the idea of ‘Social Audit’ to take root. The applicant filed a Miscellaneous Civil Case to restore a Writ Appeal that was dismissed by the Principal Registrar due to not following a common condition set in 2023. The Division Bench, consisting of Justice Anand Pathak and Justice Hirdesh, stated, “Thus, developing the concept of Social Audit and implementing it effectively is crucial. Policymakers, especially from the Department of Women and Child Welfare Development (DWCD), the Department of Social Justice, and the Police Department, need to find practical solutions.”
Advocate S.N. Seth represented the applicant, while Government Advocate A.K. Nirankari represented the state. The applicant argued that the defaults were due to a genuine mistake by the counsel’s clerk, and therefore, the Writ Appeal should be granted. Citing previous judgments, the Bench noted, “The reasons given by the applicant’s counsel seem genuine and sincere. Considering the nature of the case and the good intentions involved, as well as established law that a litigant should not suffer for their counsel’s mistakes.”
The Bench decided that the application should be approved. It noted that the applicant’s counsel was advised to spend one hour doing community service at Mercy Home, specifically Madhav Andha Ashram in Gwalior. They were to bring food items or snacks worth Rs. 1,000 and spend time with the children and families there, who come from humble backgrounds and are supported by a state-sponsored NGO. The counsel agreed to this suggestion, promising that both the applicant and counsel would visit the home, bring the food, and spend an hour engaging with the residents to better understand their situation while contributing to this noble cause.
The Bench pointed out that this case serves as a pilot for the idea of ‘Social Audit.’ It called on responsible individuals in key roles within Administration, Education, Health, Legal fields, and professionals like Chartered Accountants, Doctors, and Lawyers to take initiative by visiting places such as orphanages, old age homes, and mercy homes. This would help the residents feel included in society and show that the community cares about them. The Court also stressed that the management of these institutions would be more vigilant, knowing that society is observing their operations. The Bench approved the application for restoration and instructed the applicant to submit a report about their visit to the Mercy Home within fifteen days, detailing their experience and any suggestions regarding the home.
Cause Title: Dinesh Batham v. The State of Madhya Pradesh and Others [Neutral Citation 2024:MPHC-GWL:21076]
Appearance:
Applicant: Advocate S.N.Seth
Respondent/State: Government Advocate A.K.Nirankari
