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KEY statutory commissions in Maharashtra, tasked with upholding the rights of children, women and clamping down on human rights violations are struggling to function in the face of funding issues and staff shortage. The Maharashtra State Human Rights Commission has as many as 23,000 cases pending and the Maharashtra State Commission for Protection of Child Rights has not had a chairman or members since 2011.
A clutch of recent petitions in the Bombay High Court has highlighted the dismal condition of these commissions.
Two PILs filed by social activists Naresh Gosavi and Kailash Sharma relate to the vacancies in the Maharashtra State Human Rights Commission. The commission needs a quorum of three members, including the chairperson, to remain fully functional.
The HC had questioned the government if the third member had been appointed and was informed that it was done in March, this year.
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According to Commission Chairperson Justice (Retd) S R Bannurmath, rising awareness has led to a surge in cases, but funding and staff are major problems. “Since the commission was formed in 2001, the sanctioned staff strength has been 51, but we are still working with 34 employees after 15 years. All this obviously has an effect on the operations. We never get the total fund we demand. We are now working towards an operational website and a system for accepting online complaints,” he said.
In its last order, the HC had asked the government to tell them how many persons had been appointed on temporary basis in the commission and to fill the vacancies. It had also asked if budgetary grants sought, were being satisfied, and if proper infrastructural facilities were available with the commission.
“We are trying to innovate and have tried to hear violation cases by going to specific divisions or districts, but we can only make recommendations,” the commission chairman said.
In the case of the Maharashtra State Commission for Protection of Child Rights, the HC had recently directed the government to complete the recruitment of new members, within six months. The posts of chairman and members have been lying vacant since 2011.
The state government had said that the principal secretary (women and child development) was the in-charge chairman, carrying out the affairs of the commission.
The petition, filed by NGO Forum for Fairness in Education, had pointed out that the secretary was passing orders on behalf of the state commission. Subsequently, the HC had held that the secretary cannot exercise the power of the chairman.
The bench had also said the state should follow the National Child Rights Commission’s salary patterns. It had directed the government to set up a helpline in two months so that people could place complaints.
According to Secretary of the Commission A N Tripathi, there has been no pendency of cases under him. “Under a notification issued by the government, I have the power to dispose of cases as the acting chairperson. There has been no problem in the working of the commission under me. In fact, the government and courts have upheld orders passed by me,” Tripathi said.
An RTI activist had also filed another petition relating to the vacant posts of chairperson and members in the Maharashtra State Women Commission.
The commission now has a chairperson who was appointed three months ago.
Speaking about the pendency of cases, Chairperson Vijaya Rahatkar said, “When I joined, there were at least 5,000 cases pending with the commission. We have now started hearings every Wednesday to dispose of the cases at the earliest. The other issue of staff crunch is still there.”
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