JUSTICE CORPS

Action group for judicial transparency, justice reforms and human rights.

Notice to Maharastra Chief Minister

Posted by justicecorps on January 4, 2007

We learnt that the Maharashtra Human Rights Commission was running without a Chairperson since last four years (upto 2006) and that the term of three members of the Commission ended in March last year. Therefore, the MHRC had only one member instead of the needed five. Now therefore, as the Chairperson of the Committee responsible for recommending the names for the position of the State Human Rights Commission the CM ws asked to take note of this dire situation and immediate action to fill the vacancies was the demand made by Jutice Corps.

The letter sent to the CM follows:

 

JUSTICE CORPS
(Action group for judicial transparency and justice reforms)
C/o: 28 Sunrise, Samta Nagar, Kandivali (East), Mumbai 400 101
Mob: 9869 650 870, Email: justicecorps@gmail.com


NOTICE

To

Mr. Vilasrao Deshmukh 25th July, 2006.

Chief Minister, Government of Maharashtra.

As Chairperson of Committee under section 22(1) of Protection of Human Rights Act, 1993.

Dereliction in the appointment of members of the Maharashtra Human Rights Commission. Take notice that we shall take up a writ petition in the Bombay High Court, if the Chairperson and members of MHRC are not appointed within 1 month of this notice.

Dear Sir,

We learn that the Maharashtra Human Rights Commission has been running without a Chairperson since last four years and that the term of three members of the Commission ended in March this year. Therefore, at present the MHRC has only one member instead of the needed five. Now therefore, as the Chairperson of the Committee responsible for recommending the names for the position of the State Human Rights Commission, please take note:

1.. That, the objective of the Protection of Human Rights Act, 1993 is to provide for the constitution of National and State Human Rights Commissions “for better protection of human rights and for matters connected therewith or incidental thereto”.

2.. That, as per section 2(d) of the Protection of Human Rights Act, “Human Rights” mean the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by Courts in India.

3.. That, Human Rights are guaranteed to the individual by the Constitution of India and the Protection of Human Rights Act, 1993 and every effort must be made to address violations.

4.. That, under section 22(1) of the Protection of Human Rights Act, the Chairperson and members of the State Human Rights Commission shall be appointed by the Governor, provided that every appointment shall be made after obtaining the recommendation of a Committee consisting of

a) Chief Minister Chairperson

b) Speaker of Legislative Assembly Member

c) Home Minister Member

d) Leader of Opposition in the Legislative Assembly Member

e) Chairperson of Legislative Council Member

f) Leader of Opposition in the Legislative Council Member.

5.. That, as Chairperson of the above mentioned committee, to our knowledge, you have failed to initiate any dialogue in the matter and have not taken necessary steps to appoint the members of the State Human Rights Commission. Mr. Ramdas Kadam, member of the very recommending committee has slammed your governments nonchalance in a news-report dated 29th April, 2006 by stating “This shows us how inefficient the government is. Apart from not appointing a Chairman, the authorities have not even allocated more funds to the Commission”.

6.. That, the number of cases of human rights violations are increasing day by day and explains the sorry state of affairs in Maharashtra. The number of cases has increased from 840 cases in 2001 to 5,570 cases in 2005.

7.. That, in the absence of sufficient members of the Maharashtra State Human Rights Commission, human rights violations cases will pile up leading to delayed justice, thereby giving a free hand to authorities accused of violations to continue their violations.

8.. That, in the absence of the members of the Commission, it is not possible to fulfill the avowed aim of the Act and this defeats the very purpose of the Protection of the Human Rights Act, 1993.

9.. That, as an action group with concern for judicial transparency, justice reforms and human rights we bring to your notice, that we shall be constrained to take up a writ petition in the Bombay High Court in case your government fails to appoint the Chairperson and members of the State Human Rights Commission within one month of the receipt of this notice.

Awaiting your early action and acknowledgement.

Yours faithfully,

Ronald L. Rebello

Social Activist and Founder, Justice Corps

Copy to:

1.. Mr. S. M Krishna, Governor of Maharashtra and authority under section 22(1) of Protection of Human Rights Act, 1993.

2.. Mr. R. R Patil, Home Minister.

3.. Mr. Arun Gujrathi, Speaker of Legislative Assembly.

4.. Mr. Ramdas Kadam, Leader of Opposition in Legislative Assembly.

5.. Chairman of Legislative Council.

6.. Leader of Opposition in Legislative Council.

7.. Chairperson, National Human Rights Commission, New Delhi, for necessary follow up.

8.. Chief Justice, Bombay High Court, requesting suo moto action on the issue.

9.. Print and electronic media.

 

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