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2017 Supreme(Bom) 449

A.S.OKA, A.A.SAYED
Rescue Sham – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners: Dr. Asha Bajpai with Ms. Savita Shankaran.
For the Respondents: Shri P.G. Sawant and Shri D.P. Singh.

JUDGMENT :

A.S. OKA, J.

1. This Suo Motu Public Interest Litigation was initiated on the basis of a report in Daily Mumbai Mirror on 24th August 2010 about the inhuman condition of the Children's Home by the name Satkarm Balgriha at Shahpur, District – Thane. All the children living in the said Children's Home are mentally challenged. It was reported that recently five children died due to starvation and malnutrition. By an order dated 3rd September 2010, the First Court while initiating a Suo Motu PIL on the basis of the said report, appointed Dr. Asha Bajpai, the then Chairperson of the Centre for Socio-Legal Studies and Human Rights, Tata Institute of Social Sciences (TISS) to assist the Court as Amicus Curiae. The Government Pleader was also ordered to assist the Court. Broadly speaking, the issue concerns the Children's Homes in the State established under Section 34 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short “the said Act of 2000) and in particular the Homes for Mentally Deficient Children (for short “MDC Homes”). There are various orde



































































































































































































































































































































































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