Why Taking So Long To Fill Up Maharashtra State Human Rights Commission Vacancies? Bombay High Court Asks

The PIL seeking to fill up the vacancies states that of the 51 posts available, 25 are vacant, and the Commission has been left entirely non-functional after the acting chairperson, the only adjudicatory member, retired on April 27, 2021.

"I remember my predecessor Chief Justice Pradeep Nandrajog had suggested three names, why is it taking so long?," Chief Justice Dipankar Datta asked.

The division bench of CJ Datta and Justice GS Kulkarni was hearing advocate Vaishnavi Gholave's petition filed through advocates Yashodeep Deshmukh's submissions for the petitioner -. The petition was adjourned to Monday after the State sought time to respond.

According to the petitioner, four out of five significant posts are vacant in the MSHRC. These include posts of the chairperson, judicial member, expert member, and inspector general of police, with only the commission's secretary appointed.

"No regular appointments have been made to the MSHRC since July, 2018. The only adjudicatory member being the judicial member/acting chairperson retired on April 27 this year and this has left the commission entirely non-functional," the plea states.

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 states.

Only 433 cases have been disposed of this past year because of the non-availability of adjudicating members, the plea states. The petitioners are seeking directions for adequate infrastructure within the premises, including facilities for online hearings.

The petition claims that most of the cases heard by MSHRC pertain to police excesses, custodial deaths, and due to the virtual non-functioning, citizens are unable to get relief.

"The Petitioner is filing the present Petition as a Public Interest Litigation for directing the Respondents to inter alia fill up the vacant posts at the Maharashtra State Human Rights Commission, to provide adequate & timely release of funds, necessary facilities and infrastructure for its smooth functioning, etc."

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.