Mumbai: Four months after the State Human Rights Commission (SHRC) advocated for the rights of 30 families, the SHRC has now criticized government authorities for failing to address their grievances. These families' houses were repeatedly allegedly vandalized by government officials on the grounds that they were allegedly illegal residents of the land.
In its recent order, the SHRC stated: “Bearing in mind the principles laid down in a catenary of judgments by the Supreme Court on the Right to Shelter, and applying them to the case at hand, I have no hesitation in holding that the grievances raised by the victims against the respondents carry substance. First of all, there was no clear demarcation between Survey Nos. 38 and 41. If this is the fact, then how and on what basis are the occupants of Survey No. 38 being evicted on the grounds of being squatters, while the eviction notice was issued for land in Survey No. 41? The authorities involved in this alleged illegal eviction are therefore under a legal obligation to explain and justify why the powers under Section 18(1) of the Protection of Human Rights Act, 1993, should not be invoked against them for acting in a flagrantly arbitrary manner in dealing with the complex issue of land occupancy.”
The SHRC also directed the Senior Police Inspector of Charkop Police Station to show cause as to why the powers under Section 18(1) of the Protection of Human Rights Act, 1993, should not be invoked against the police for aiding the alleged illegal evictions.
In July, the commission, presided over by M.A. Sayeed, had instructed the suburban Mumbai Collector to take responsibility and provide proper protection to the victims against such illegal actions.
The complaint, filed by advocates Hitendra Gandhi, Sandesh More, and Hemant Ghadigaonkar in September last year, highlighted that 30 families residing in the Sai Charan Society in Charkop were repeatedly forced out of their homes by the deputy collector. The complaint also alleged that Kora Kendra, located near the shanties, harassed the families by deploying bouncers and goons.
According to advocate Gandhi, the families are eligible tenants and possess certificates issued by the state government allowing them to occupy the land until proper alternative accommodations are provided. Gandhi stated: “My clients have valid photo passes and survey receipts issued by the government.”
