The Madhya Pradesh High Court has ruled in favour of St. Francis Orphanage Shyampura, quashing state authorities’ attempts to take over 277 acres of land that the institution has held since 1886. The verdict marks a significant victory for the institution that faced repeated allegations and raids over the past three years.
Justice Vishal Dhagat’s ruling invalidated both a 2003 Commissioner’s order that sought to restrict the orphanage to just 9.96 hectares and a subsequent advertisement allocating 177.66 acres to defence establishments. The court found that the Commissioner had acted “beyond its authority” in attempting to reject the lease renewal without proper hearings.
The judgment comes after a particularly intense period of scrutiny that began in December 2021, when authorities raided the orphanage following allegations about beef consumption and forced religious conversion. These raids, led by police and Child Welfare Committee members, involved interrogation of children and staff, including the institution’s cook.
Just a month prior, the orphanage had witnessed authorities conducting controversial inspections of girls’ dormitories. In one instance, an all-male team entered and searched the girls’ living quarters when students were away at school. During the same period, another Catholic institution in the diocese faced vandalism by a mob over conversion allegations.
The pressure intensified in May 2023 when the National Commission for Protection of Child Rights (NCPCR) conducted surprise inspections, making various allegations about documentation irregularities, unauthorized activities, and improper housing arrangements. The commission also claimed to have found wine bottles and raised questions about foreign funding.
Throughout these challenges, Father Sinto Varghese, the orphanage’s director, maintained that the allegations were fabricated. “Where will we get cow meat?” he had asked, pointing out that beef consumption is prohibited in the state. “We provide chicken as per the government food menu and those who don’t eat meat are given vegetables.”
Bishop James Athikalam of Sagar had consistently argued that these actions were part of a larger campaign. “When they get educated, they begin to oppose atrocities, exploitation and other social evils, and therefore some vested interest groups opposed to their growth are targeting our institutions with false complaints,” he had said during one of the raids.
The High Court’s ruling has now delivered comprehensive vindication, explicitly prohibiting the state government from issuing “any advertisement or proclamation for allotment of land to other departments” while the lease renewal remains pending. The judgment strongly criticized the previous administrative approach, stating that such decisions could only be made “after giving an opportunity of hearing to petitioner-institution” and emphasizing that “recording of finding by Commissioner without giving an opportunity of hearing to petitioner-institution is bad in law.”
The court has ordered that the matter be “remanded back to Commissioner to apply its mind only in respect of granting permission to correct the records,” effectively halting all attempts to redistribute the land. This directive ensures that any future decisions must follow proper legal procedures, with “opportunity of hearing to affected parties.”
For the 44 children - 21 girls and 23 boys - who call St. Francis their home, the verdict ensures their institution’s immediate future remains secure. The ruling not only protects the orphanage’s current operations but also establishes clear safeguards against arbitrary administrative actions, bringing an end to years of uncertainty and providing definitive vindication after repeated targeting.
