Delay In Filling Up Vacancies: 'Maharashtra Human Rights Commission Has Become A Defunct Body'- Bombay High Court

"It is disheartening to note that the Maharashtra Human Rights Commission is a defunct body, at present," a division bench of Chief Justice Dipankar Datta and Justice GS Kulkarni observed in their order.

Two PILs seeking to fill up the vacancies claimed that of the 51 posts available, 25 are vacant. In addition, the commission has been left entirely non-functional after the acting chairperson, the only adjudicatory member, retired on April 27, 2021.

The State had submitted on July 12 2021, that the process of appointing the chairperson of the commission and the other members thereof would be completed by September 12 2021.

However, "Little progress in that direction has been made," the court noted hearing a PIL by Naresh Gosavi.

The CJ noted that former CJ Pradeep Nandrajog had recommended three names for the chairperson. Out of them, Justice (Retd) VM Kanade was recently appointed as the Lokayukta.

"We hope and trust that the State Government would rise to the challenge and make the necessary appointments by that date. Earnest endeavour shall also be made by the State to appoint requisite number of staff to make the commission functional in all respects," the court said before adjourning the matter to October 25, 2021.

Another PIL in this regarding has also been filed by Vaishnavi Gholave's.

The five significant vacant posts include chairperson, judicial member, expert member, and inspector general of police, with only the commission's secretary appointed.

Till March 2021, the MSHRC had 21, 545 pending cases, the highest in a decade and, "the inaction of the State Government is only to be blamed for this sorry state of affairs, which also shows scant regard on the part of the Government and the administration of Human Rights of the people.." the plea stated.

The plea added that only 433 cases were disposed of this past year because of the non-availability of adjudicating members. The petitioners are seeking directions for adequate infrastructure within the premises, including facilities for online hearings.

Most of the cases heard by MSHRC pertain to police excesses, custodial deaths, and due to the virtual non-functioning, citizens cannot get relief.

"Generally, in order to protect their rights, which it is an unfortunate reality that many a times the persons are victims of the administration which is meant to ensure rule of law and against such violation also to take action against the offenders, people knock the doors of justice by approaching the Human Right Commission, which provides free of cost remedy to the most vulnerable section of the society. It gives a voice and vent to their grievances and sees to it that justice is done by giving appropriate recommendations to the State including provision of monetary compensation to such victims," Gholave's plea stated.