You can’t make women’s commission non-functional: HC raps state

The Bombay high court (HC) on Wednesday rapped the state government for rendering the state women’s commission “non-functional”, after they noticed that six of 11

The Bombay high court (HC) on Wednesday rapped the state government for rendering the state women’s commission “non-functional”, after they noticed that six of 11 posts were vacant. Although the judges were irked to note the ad-hoc manner in which staff members were going to be provided for the commission, they have approved the plan and granted the state time till March 6 to appoint the chairperson and fill up other vacancies.

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“You cannot wind up the commission, it’s a statutory body…You cannot make it non-functional like this,” said a bench of justices SC Dharmadhikari and RI Chagla, after they noticed that members were not appointed on the commission. The court was hearing a public interest litigation filed by activist Vihar Durve in 2013, complaining that the commission had been dysfunctional for a long time as the chairperson and members were not appointed by the government.

The bench reminded the state that the commission, set up under provisions of the Maharashtra State Commission for Women Act, 1994, has to perform several important functions concerning women, including women’s safety. “State of Maharashtra should bear in mind the object of the Act and the functions to be performed by the commission,” said the bench. The judges added that the government must appoint not just the chairperson, but also six members for smooth and efficient functioning of the commission.

The judges were also irked to note the ad-hoc manner in which the state plans to provide staff for the commission. An affidavit tendered by government pleader Priyabhushan Kakade stated that two of three posts of senior grade stenographer which are vacant will be converted into posts of counsellors, while three vacant posts (out of five) of clerk-cum typists will be converted into posts of technical assistants. “This sort of arrangement doesn’t work,” said the judges, adding, “These are permanent posts, how will the commission function properly without them?”

Meanwhile, Kakade told the bench that the resignation of outgoing chairperson Vijaya Rahatkar has been accepted by the government and a new chairperson will be appointed.