Taking serious note of the long-standing non-implementation of the recommendations of the Maharashtra State Human Rights Commission (MSHRC), the Bombay High Court on Tuesday pulled up the State Government and directed the Principal Secretary of the Home Department to deposit ₹3.5 crore with the High Court registry within seven days.
The amount pertains to 136 cases in which victims of human rights violations are yet to receive compensation.
A Division Bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad was hearing a Public Interest Litigation filed by Advocate Satyam Surana. Expressing strong displeasure over the state’s inaction, the Bench remarked orally that,
“What has happened over the last 10 years? For all these years, neither has any concrete action been taken nor has any affidavit been filed.”
During the hearing, Advocate Surana who appeared in person informed the Bench that information obtained under the Right to Information Act from the MSHRC revealed that between 2013 and 2025, the Commission had issued a total of 180 recommendations.
Out of these, the State Government had taken action on only 44 cases, while compensation amounting to approximately ₹3.39 – 3.4 crore in the remaining 136 cases continues to remain unpaid.
Arguing the matter, Advocate Surana contended that although the Protection of Human Rights Act uses the term “recommendation,” the Supreme Court as well as several High Courts have consistently held that the recommendations of Human Rights Commissions are binding in nature.
He said that despite repeated reminders issued by the Commission, the failure to release compensation reflected “the height of administrative apathy.”
It is pertinent to mention here that in the petition it was further stated that the continued neglect of the Commission’s recommendations is not only illegal but also amounts to making a mockery of the statutory framework established for the protection of human rights.
During the hearing, Counsel for the petitioner also relied on a January 2025 judgment of the Delhi High Court, which held that reports and recommendations of Human Rights Commissions must be treated seriously.
On behalf of the State, Additional Government Pleader Bhupesh Samant stated that out of 136 pending recommendations only 86 relate to the Home Department. He informed the Bench that 15 recommendations have been complied with, while16 have been challenged, and the remaining are under examination.
He also sought additional time, stating that in some cases compliance may have been carried out but not formally reported to the department.
Questioning the repeated delays, the Court observed that the State had already been granted four adjournments since November 18 and asked how much more time it required. The Bench cautioned that any further unnecessary delay could invite costs in the matter.
The Court also directed the appointment of a Nodal Officer to ensure effective implementation of pending and future MSHRC recommendations and ordered that notices be issued to the affected victims or their legal heirs within 10 days.
The matter has been listed for further hearing on February 17.
