New Delhi, March 18th, 2010
The National Human Rights Commission says, the Maharashtra Government failed to take timely action for the protection of citizens in the wake of hate campaign launched against migrants by the Maharashtra Navnirman Sena activists in the State.
While taking up the two specific incidents of violence, among others, unleashed by MNS activists causing death, injury and destruction of property, the Commission recommended that the State Government pay rupees five lakhs each to the next of kin of Vinod Singh and Amba Das who lost their lives in mob violence in Mumbai and adjourning areas in Maharashtra.
Vinod Singh, a Security Guard in Jindal Company, lost his life in the violence at Nasik. He was living in the company worker's colony when it was attacked by MNS activists. Another person named Amba Das died following fatal injury caused in stone pelting by a riotous mob on the bus carrying him and his colleagues of HAL. The bus was attacked in Rajyog Mangal Karyalaya on Mumbai Nasik highway. Both the incidents happened on the 13th February, 2008.
The Commission took up the matter in a suo motu cognizance of media reports carried on the 14th & 15th February, 2008, and issued notice on the 18th February, 2008 to the Chief Secretary, Maharashtra Government calling for factual report about the incidents violence. Later on, the Commission also received complaints on the same issue of violence by MNS activists against non Maharashtrians from Shri Amar Singh, Member of Parliament, Uttar Bhartiya Shramik Elgar and Jai Hind Jhuggi Jhopadi Sangh, Mumbai. These were clubbed with the case No. 2486/13/1/07/07-08 already under process in the Commission.
In response to Commission's notice, the Government of Maharashtra confirmed these two incidents of violence vide letter dated 21st April, 2008. It also informed that FIRs were duly registered in respect of both the incidents and some miscreants were arrested.
However, after considering the report, the Commission observed that the State Government failed to explain as to what preventive measures it had taken to protect the inhabitants of the workers' colony and to restrain the unruly people from gathering there. It also asked details of steps taken by the Government in the wake of MNS agitation to protect the migrant people from the violence unleashed by the agitators.
In subsequent notices and directions, the Commission also asked the State Government to report whether any financial assistance had been given to the families of Vinod Singh and Amba Das; whether any compensation was paid to those whose huts in the workers' colony of Jindal Company were set on fire.
The State Government informed the Commission through its letter dated 15th September, 2009 that financial assistance of rupees one lakh each had been given to the families of the deceased persons. It also provided a list of persons who were given financial assistance and compensation in cases of injury and damage to the property respectively.
The Commission, however, took the view that the amount of rupees one lakh was grossly inadequate for the loss of human life. A show cause notice was, therefore, issued on the 16th November, 2009 to the Government of Maharashtra. It was called upon to explain why the Commission should not recommend payment of rupees five lakhs each for the families of the victims.
In response, the State Government submitted that financial assistance to the victims of famine or communal riots or terrorist attacks is given in accordance with the policy approved vide the State Government order dated 24th August, 2004, and such financial assistance cannot exceed rupees one lakh. It also pleaded that the State is not in a position to provide monetary relief of rupees five lakhs as proposed by the Commission.
The Commission found no merit in the plea taken by the State Government. The Commission on the 8th February, 2010 re-iterated its observations in its proceedings dated the 16th November, 2009 that "a campaign for hatred had been launched against non-Maharashtrians in the region and it was the constitutional duty of the State Government to safeguard the lives of the migrant people. It is unfortunate that the State Government did not muster the political will to rein in the divisive forces and failed to take timely action for the protection of citizens. The persons who lost their life were poor labourers. Their families have lost bread earners and the Government cannot evade its liability to give appropriate relief on the ground of financial constraints."
The Commission said that the State Government of Maharashtra pay monetary relief to the next of kin of deceased as recommended. It has also asked for compliance report with a proof of payment within eight weeks.

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