Calcutta HC takes cognisance of repeated allegations against a home for children with special needs

An FIR was lodged at the Durgapur Police Station on April 28 after a child with special needs died at the home

Taking cognisance of an FIR registered against a home for children with special needs in West Bengal, the Calcutta High Court has directed the District Magistrate of Paschim Burdwan district to file a report in this matter.

Justice Rajasekhar Mantha in his order dated October 31 also pointed out the court finds and can recall two earlier writ petitions in respect of the alleged incidents of gross impropriety in the said Durgapur Handicapped Happy Home. “The investigating officer shall consider including the provisions of the Rights of the Persons with Disabilities Act, 2016, if so deemed necessary,” the order said.

An FIR was lodged at the Durgapur Police Station on April 28 after a child with special needs died at the home. The FIR has been registered under Sections 304/34 of the Indian Penal Code (IPC). “The Commissioner of Police, Asansol-Durgapur Police Commissionerate shall extend all necessary assistance to the District Magistrate, Paschim Burdwan in carrying out the aforesaid order for the purpose of audit and inspection, if necessary,” the order said. Justice Mantha said that the matter will appear again on December 13.

In another order, Justice Moushumi Bhattacharya of the High Court had directed the secretary of Durgapur handicapped Happy Home, to file a report with reference to the observations made by the District Magistrate and Collector, Paschim Bardhaman as well as the State Commissioner for Persons with Disabilities in December 2020. The observation by the district authorities included that there shall not be any ill treatments of inmates and solitary rooms must be removed at the home. The State Commissioner for Persons With Disability(PwD), West Bengal has found the home guilty of allegations made by a parent and imposed a fine of ₹5,000 on the home in December 2020. 

 Justice Bhattacharya order was in connection with the petition of a parent who had alleged that his child suffering from autism was “kept in a cage” and he was forced by the home authorities to withdraw his child in the year 2019.

  Mental health activists have raised concern against repeated allegations of negligence against the particular home for children with special needs. “This is unfortunate that repeated allegations are surfacing against one particular home. I am aware that this matter was brought before statutory bodies dealing with child rights in the State but parents got no succor. Training of the staff along with fixing accountability for negligence should be taken up the earliest,” Mohit Ranadip, a mental health activist said.