MUMBAI: In what could be termed an anti-democratic move by the ruling Bharatiya Janata Party-Shiv Sena alliance, a recent government resolution prohibits the common man from approaching activists or organisations to obtain justice and must instead, fight his or her own battles.
Activists and legal experts have termed this as the Fadnavis government's gag order on activists and organisations, preventing them from helping address the grievances of the poor and marginalised sections of society.
The general administration department (GAD) of the state government issued a GR on October 14, asking all departments to refrain from taking cognisance of complaints filed by independent persons and organisations about individual grievances. This government order is signed by R B Gaikwad, desk officer, GAD.
" It has come to our notice that some independent persons and institute write letters and obtain follow-ups on other people's grievances. The state government is being asked what to do about such complaints filed by independent persons and organisations. The notification issued on December 3, 1958, which deals with how one should write a letter to government and its redressal by government had clearly mentioned rules for this. These rules specify that the applications about the grievances can be accepted only if such an application is filed by the aggrieved person. Complaints filed by agents should not generally be entertained by the state government. Therefore, it is directed that state government departments and offices should not entertain or accept letters of complaints about the individual's grievances," says the GR issued by state government.
'Anti-democratic, anti-Constitution'
The noted Right-to-information activist and the former chief information commissioner, Shailesh Gandhi, termed this move as anti-democratic and anti-constitutional. "This move is against the principles of democracy and anti-Constitution. The common man is the owner of this country and they can approach independent persons to follow up on their grievances. This order shows the arrogance of the government. In future, the government will scrap the right to speak and protest. Even the media may be barred from publish news of any scam," Gandhi said. Asim Sarode, a renowned legal personality from the state, has termed this move as totally against the Constitution.
"When Dr B R Ambedkar asked what the most important provision in the Constitution was, he replied that it was to seek justice against injustice. Good governance should pave the way for transparent governance. The government order is killing transparency within the government. The common man generally does not know how to write a complaint, where to submit it and how to follow up. Therefore, he approaches organisations and independent personalities to follow up on his behalf. Even in the CrPC and IPC, anyone can lodge a cognisable offence with police, it is not mandatory that only the affected person should complain," Adv. Sarode said.
Suppression of voice of poor
Social activist Ulka Mahajan strongly objected to the GR and termed it as an act suppressing the voice of the common man. "This country has great social inequality and poverty. In such a scenario, the poor, tribals and weaker sections of society, including women, cannot raise their voice against the government. Noted individuals and organisations lend their voice to the grievances of the former. Avocates fight legal battles for an individual to get them justice because they know the language of the law and references related to the grievances. In the social sector too, organisations know where and how to fight with the government for an individual's complaint," Mahajan said.
