The Madhya Pradesh High Court has mandated a lawyer to engage in community service as part of a case related to the reinstatement of an appeal. The court instructed the lawyer to spend an hour at an elderly care facility and to provide food items valued at Rs 2,500. The judges referred to this initiative as a “test case” to promote their “social audit” concept, emphasizing that such interactions could remind vulnerable individuals that they have not been abandoned by society and could enhance oversight of the institutions that support them.

This directive arose during proceedings concerning the restoration of an appeal that had been dismissed due to a lack of prosecution, which the court acknowledged was not intentional but rather a result of uncontrollable circumstances faced by both the applicant and their counsel. The High Court deemed the reasons for reinstatement as “genuine and bona fide,” thus allowing the appeal to proceed.

On September 15, Justices Anand Pathak and B P Sharma expressed their approval of the counsel’s willingness to comply with the community service suggestion, stating, “In a gracious manner, the suggestion has been readily accepted, and the counsel has committed that the applicant will not only visit the old age home but also bring food items worth Rs. 2,500 to spend an hour with the residents for a deeper understanding and fulfillment through this noble act.”

Moreover, the court recommended that the applicant’s counsel also visit a government higher secondary school in Jabalpur to provide food, snacks, or fruits valued at Rs 2,500 and to spend an hour with the students. The bench clarified that this recommendation was not punitive and compliance was left to the counsel’s discretion. The counsel agreed to this suggestion and pledged to visit the institution, bring the food, and spend an hour there to gain insight into the lives of those at the school. The court hoped this visit would occur within the next 15 days and indicated that a government advocate or another lawyer could accompany the counsel.

During the hearing, which involved an application for the restoration of a case dismissed on April 1, the court articulated its vision for a “social audit.” It stated that responsible individuals in various professional sectors, including law, healthcare, and education, should assume some responsibility by visiting institutions such as orphanages and old age homes. This would allow them to witness the challenges faced by these communities and potentially contribute to improving their living conditions, fostering a sense of well-being among the residents.

The court highlighted that a one-hour commitment to community service would not only be spiritually fulfilling but also send a message to differently-abled children that they are valued members of society, rather than “children of the lesser God.” By encouraging such visits, the court aimed to raise awareness about the conditions of residents in these facilities and to inspire community members to help enhance their quality of life.

Additionally, the judges pointed out the potential for increased social scrutiny of these institutions, noting that mismanagement or misconduct could occur, particularly affecting children and women. They asserted that heightened public awareness could lead to improved accountability among institutional managers, who would be more cautious knowing that their operations are under observation.

The court underscored the urgent need for the development and implementation of the “social audit” concept and urged policymakers, especially in the Departments of Women and Child Welfare, Social Justice, and the Police, to devise effective solutions.

The judges ordered the counsel to complete their visit to the school within 15 days and to submit a report detailing their experiences and the conditions at the mercy home, along with any recommendations relevant to the ongoing litigation. The restoration of the writ appeal was contingent upon the fulfillment of these directives and the submission of the report and affidavit.

Furthermore, the court directed that a copy of its order be sent to the Chief Secretary, Principal Secretary of the Women and Child Development Department, and Secretary of the Juvenile Justice Committee at the Madhya Pradesh High Court for their information and consideration. The application was ultimately resolved, with the writ appeal reinstated subject to adherence to the court’s instructions.

Vineet Upadhyay, an Assistant Editor at The Indian Express (Digital), specializes in covering the Indian judicial system.

His expertise encompasses a range of legal matters, including:

• Constitutional and Civil Rights: Reporting on significant rulings related to privacy, equality, and governmental accountability.
• Criminal Justice and Enforcement: In-depth coverage of high-profile cases involving the Enforcement Directorate (ED), National Investigation Agency (NIA), and Protection of Children from Sexual Offences (POCSO) cases.
• Consumer Rights and Environmental Law: Comprehensive articles on medical negligence claims, environmental protection initiatives, and labor rights.

With over a decade of professional experience, Vineet has previously served as a Principal Correspondent and Legal Reporter for The Times of India and held prominent positions at The New Indian Express. His career has involved significant reporting from key legal centers, including Delhi and Uttarakhand.