Despite Women Empowerment Being Motto, Deprived Authorization To Women-Self Development Groups: Bombay HC On Cancellation Of Authorisation Of Mahila Bachat Gats

Justice Bharati Dangre observed that their licence to run fair price shops was cancelled on "clumsy" and "non-existent" grounds and the Tehsildar to the highest level in the State government, deprived these organisations the opportunity of the empowering women in rural areas.

"I cannot refrain myself from commenting upon the approach of the State Authorities right from the level of the Tahsildar to the highest level of the State Government….. Woman empowerment being the motto of the State, in utter contrast, in this case the State Authorities have undermined the four bachat gats and in a flippant manner have deprived them an opportunity of empowering several women in rural area who had come together and formed a bachat gat who was allotted authorization to run the fair price shop.

It is a matter of serious concern about the whole approach against the petitioner bachat gat who in a perfunctory manner were discouraged and deprived of the authorization granted in their favour on clumsy and a non-existent grounds."

Facts of the Case

On May 14, 2013 the DSO issued notices to the four petitioners for alleged violation of the Maharashtra Scheduled Commodities (Regulation of Distribution) Regulation, 1975 on the basis of report by the Tahsildar, Shrirampur. According to the report a salesman for the Bachat Gats was arrested in a case where vehicles were unauthorisedly stocked with food grains.

DSO suspended their authorisation which led them to approach with revision pleas before the Deputy Commissioner (Supply) Nasik Division. The commissioner granted some relief but directed the DSO take action on Tahsildar's report, if they are found guilty.

The DSO passed a similar order again. Revision pleas were dismissed by deputy commissioner, as also Minister of Food Supply Department constraining them to approach HC.

After hearing submissions of Advocate Shaikh MA Jahagirdar for the petitioners and the learned AGP KB Jadhavar for the State, perusing Government Resolutions (GRs) and inspection reports, the court held allegations couldn't be sustained.

Justice Dangre observed that the petitioners are not accused of selling the food grains outside the shop or at a higher price than what's fixed by the government. Moreover, the case against their salesmen had nothing to do with them. All the accused were already acquitted in that case.

"In the wake of the aforesaid factual position, it cannot be said that the fair price shops run by the petitioners demand a serious action of cancellation of their permit / authorization particularly when the fair price shops authorization is granted to the Mahila Bachat Gats with an object of uplifting of women in the village / society."

The irregularities are not grave and serious enough in terms of the State government's policy.

The court held that authorities must note the object of Government policies, which is to help women become independent and develop their ability to make strategic choices.

"…The policy of the Government is to encourage their (Women) empowerment, so that they become independent and develop the ability to make strategic choices in all areas of their lives and would take this country ahead in securing gender equality by their sustainable development."

Case Title:  Stawan Mahila Bachat Gat vs State of Maharashtra

Citation: 2022 LiveLaw (Bom) 42

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