Landmark Directions By MSHRC To Protect The Rights Of The Slum Dwellers Of Mumbai

Mumbai City – the financial capital of the state of Maharashtra is envisaged as the hub of economic, social and technological advancements and opportunities, which brings in an incessant flow of migrants to them. This “urban pull” is driven by the perception that the expanse of the material infrastructure of a city narrates the improved quality of social life that one may attain on relocating from smaller towns or rural areas.

However, widening gaps between growing city populations and the physical and social infrastructure required to accommodate them led to a lopsided pattern of urban development accompanied by an increasing number of urban poor.  For instance, while Mumbai grew spectacularly as an urban centre in the years following India’s independence, the geographical constraints of the island city have caused serious problems today.

With a premium attached to limited land and space, land and building prices have skyrocketed. This pushes incoming migrants, who make up the majority of the city’s population, to seek housing within low-cost, poorly designed shanties and tenements in informal settlements with extremely poor living conditions. The expansion and persistence of slums in Mumbai is primarily a function of failed housing policies combined with other political factors. Due to rapid urbanization and lack of a proper housing scheme, slums have become a dumping ground for the surplus urban population in the city of Mumbai.

In this regard, Dr Yogesh Dube, Chairman of Bhartiya Vikas Sansthan (BVS) who is also a National Awardee of the Government of India and is prominently known for his crusading work for the rights and protection of the marginalized class of society and Ashish rai law student (Mumbai university), had filed a complaint with the Hon’ble Maharashtra State Human Right Commission (MSHRC) on 18/5/2020.

In this case, the summons was issued to the Chief Secretary, Government of Maharashtra, the Secretary, Urban Development Department, Mantralaya, Mumbai, The Chief Executive Officer, Slum Rehabilitation Authority, and the Municipal Commissioner, MCGM, Mumbai.  After hearings and arguments; finally, on 26th April 2021, a landmark Order was passed by the bench of Mr M.A. Sayeed, Honorable Acting Chairperson /Member, MSHRC.

The prayer before the MSHRC was that the Respondents be permanently directed by a suitable Order and direction of the Hon’ble Authority to take all necessary steps to protect the Human rights of the Slum Dwellers in as much as

• Implement and follow the amended Maharashtra Slum Act 2017 and provide benefit to non-protected occupiers as stated in the opinion of the law and judiciary department of the Government of Maharashtra.
• Slum Rehabilitation Authority to become more active and act as a planner, facilitator, and anchor, not merely as an approving authority.
• The government should more systematically create housing stock for low- and middle-income groups.
• Provide basic amenities and protect the Slum Dwellers.
• To protect the slum dwellers from the injustice and violation of their rights.
• Any other and further direction and order as deem fit to this authority.
• Fundamental Rights of the Slum Dwellers of Mumbai may be protected.
• The injustice and the violation of Human Rights of these slum dwellers can be stopped
• Mapping of all slum pockets in and around the Mumbai Region should be done.
• The rights of migrant workers living in the slums may be protected.
• Special Taskforce to be created for fast building approvals for re-development of Mumbai.
• All the proposals regarding the re-development of slums may be given early clearance to make Mumbai a slum-free city.

During the course of the enquiry in Case No. 929/138/16/2020,  Dr Yogesh Dube V/s The Chief Secretary, Government of Maharashtra, The Secretary, Urban Development Department, Mantralaya, Mumbai, The Chief Executive Officer, Slum Rehabilitation Authority, and the Municipal Commissioner, MCGM, Mumbai,  the Additional Chief Secretary (Revenue) prepared a comprehensive report and made recommendations with respect to the rehabilitation of the Slum Dwellers.  Based on this report, the MSHRC bench ordered all the concerned departments to frame a time limit for effective and constructive implementation of the recommendations.  A periodical follows up of the recommendations has to be carried out by the head of the concerned departments so as to ensure that the provisions of the amended Act are not defeated or frustrated.

The Maharashtra State Human Right Commission ordered enforcement and implementation of the provisions of the Slum Act 2017, failing which disciplinary action would be taken against the defaulting officers.

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