Bombay High Court: In a public interest litigation by a social worker, Sangeeta Sandeep Punekar (the ‘petitioner’) in relation to a liquor party on a New Year eve, arranged at a children shelter home wherein half-naked girls were dancing in front of mentally deficient children, the Division Bench of Alok Aradhe*, C.J. and Sandeep V. Marne, J., directed Commissioner for Persons with Disabilities, Mumbai, to initiate an enquiry regarding the alleged party.
On 31-12-2012, a New Year’s eve party was hosted at the Mentally Deficient Home, Mankhurd where liquor was served and dancers performed in front of mentally deficient children. Later, in March 2014, the Times of India newspaper reported that two girls were sexually assaulted by a peon in the shelter home. The petitioner submitted that a complaint was lodged by the employees of the home with Children’s Aid Society on 19-11-2013. Thereafter, an enquiry was conducted by the Chairman of the Child Welfare Committee and Divisional Deputy Commissioner, Konkan Division, Belapur and Officer, Women and Children Development. However, no action was taken against the delinquents and thus the petitioner sought re-enquiry and action against all the offenders or Officers concerned responsible for the protection of the children in the shelter home for the incidence of the children’s exploitation, rape of two girls and death of a child under the Protection of Children from Sexual Offences Act, 2012 and the Juvenile Justice (Care and Protection of Children) Act, 2000.
The Court noted that the Mentally Deficient Home was run by the Children’s Aid Society which was a 100 per cent state aided institution and was surprised that the PIL was pending for approximately 11 years and even after an enquiry, no action was taken till date. After considering the facts of the case, it directed the Commissioner for Persons with Disabilities, Mumbai, to initiate an enquiry into the incident which took place on 31-12-2012 and to conclude it within six weeks from the date of the order. It instructed that the enquiry report should be forwarded to the State Government to take proper action against the delinquents so that suitable punishment be imposed on them. Also, a compliance report was asked to be submitted to the Registry of this Court in the next three months.
[Sangeeta Sandeep Punekar v. State of Maharashtra, Public Interest Litigation No. 70 of 2014, decided on 16-6-2025]
*Judgment authored by: Chief Justice Alok Aradhe
Advocates who appeared in this case:
For the Petitioner: Hazel Suvarna i/by Nayana Pardeshi, Advocates.
For the Respondents: Vikrant Parshurami, AGP, for Respondents 1 to 3; Chetan Arvind Alai with Varun Joshi and Rama Somani, for Respondent 8; Ajit S. Hodage, for Respondents 11 to 13 and 15 to 20.
Gulnar Mistry, Amicus Curiae present.
Buy Protection of Children from Sexual Offences Act, 2012 HERE
