HC appoints advocate commissioner to look into return of hospice inmates

The Madras High Court today appointed an advocate commissioner to interact with the inmates of a hospice near here who were shifted following allegations of ill-treatment and ascertain whether they wanted to return to the facility or not.

A bench comprising justices C T Selvam and N Sathishkumar gave the interim order on a petition by St Joseph's Hospice in neighbouring Kancheepuram district after District Social Welfare Officer Sangeetha appeared before it and submitted a status report, along with various documents.

The court had yesterday ordered her appearance while directing that the 282 inmates be sent back to the hospice as it expressed shock over the death of 12 of the destitute since their transfer to 18 orphanages last month.

In the habeas corpus petition, petitioner Father V Thomas, managing director of the hospice, submitted that 12 of the 292 inmates shifted out had died in the last three weeks and sought a direction to police to produce the rest of the inmates who he claimed had been taken away from the home and kept "captive".

The hospice for destitute "on the verge of dying" came under the scanner last month for alleged unauthorised disposal of the dead and alleged ill-treatment of the inmates.

The report by the Social Welfare Officer said the inmates of the hospice were removed from there between February 26 and 28, and lodged in 18 other government approved orphanages.

It was also noted by the bench that a communication by the Revenue Divisional Officer sent to the District Collector yesterday informed that no permission had been granted to the hospice for cremation/disposal of the bodies.

The court then directed the social welfare officer to file an affidavit on the circumstances under which the inmates had been shifted from the hospice.

Counsel for the government submitted that efforts were being made to implement yesterday's order of the court for shifting back the inmates.

Taking note of reports in a section of media that the shifted inmates were disinclined to return to the hospice, the bench said it cannot be oblivious to the position that the hospice had been dealing with persons on the verge of death and those who were mentally unsound.

It said the reaction of each of the inmates to the court order may vary.

The bench appointed Sunder Mohan as the Advocate Commissioner for the purpose of visiting various orphanages where the inmates were currently housed and interact with them. He should also seek assistance of a psychiatrist to be appointed by the Director of Government Institute of Mental Health here.

Such of those shifted inmates who desire to return to the hospice shall be permitted to do so and those of discerning mind in the opinion of the psychiatrist and do not desire not to return shall be allowed to act in keeping with their intent.

Where the persons were not of discerning mind, decision on shifting them back or otherwise be taken after eliciting the opinion of their immediate relatives, the court ordered.

In case of no relatives, the decision can be taken by the hospice and the orphanages together.

Reserving orders on the petition, the bench directed the Advocate Commissioner to complete the task assigned and file a report at the earliest.

According to the petitioner, the institution, established in 2011, was providing care and protection to dying destitute, who were orphans or abandoned by their families in public places.

Thomas alleged that a local politician, in collusion with a contractor who undertook construction work in the hospice, had demanded money from him. When he refused to give, he had lodged "anonymous" complaints against the facility.

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