14 Oct 2021  |   05:46am IST

GHRC urges govt to allow mother of two to continue living in quarters for two months

GHRC urges govt to allow mother of two to continue living in quarters for two months

Team Herald

PANJIM: The Goa Human Rights Commission (GHRC) has recommended the government authorities to allow a distressed mother of two to continue living in a government quarter for two months. 

The woman, whose house was damaged in a natural calamity in 2017 and is currently rehabilitated in a government quarter, is facing eviction notice while her estranged husband has failed to provide her shelter. 

In her complaint to the Commission this February she requested intervention to extend time at the rehabilitation shelter. She stated that her house at Revora was damaged due to natural calamity when a huge tree fell on the house during the rainy season. 

Under the Disaster Management Act, 2005, she was provided shelter in Government Quarters at Mapusa, till her house was repaired. The Devasthan Management granted her permission to repair the house but her application – submitted to Revora Panchayat for NOC for the repair of the house and to the BDO -- was rejected as her husband did not sign the application.

The woman claimed that she is legally married and co-owner of the house but her husband wants to evict her from the shared household and as such, did not sign her application. She had earlier got relief from the JMFC under the Domestic Violence Act and her husband was refrained from evicting her. 

The Complainant stated that she had made a fresh application to the Panchayat in respect of her equal right as co-owner of the house. In the meantime, she received a letter from the authorities to vacate the Government Quarters and that no more extension would be given. Earlier, she was granted an extension. 

The Commission, based on the complaint and replies submitted by the respondents, observed that the documents on record indicate the woman filed the application to the panchayat for repairs of the damaged house and has submitted the required documents including the architect plan and NOC from the Devasthan Committee who owns the property. The records further indicate that the panchayat has not been inclined to grant the application for repairs only because her husband has not given his NOC. 

“The Complainant is the co-owner of the house which was damaged by falling of a tree in 2017. She seeks permission to repair the said house. The House Tax receipt of the house stands in the name of her husband. The Village Panchayat, by not granting her permission has been negligent in performance of their duties as she is the legally married. The Commission finds that, in the present case, the Village Panchayat of Revora has violated the human rights of the Complainant by not forwarding her application to the BDO, for the house repairs of House No 234 at Revora, only as her husband has also not given NOC,” the Commission observed. 

The Commission recommended that Secretary of Revora Village Panchayat place the application for permission of house repairs before the Village Panchayat of Revora for re-consideration, and on the re-consideration by the village panchayat, the same be forwarded to the BDO Bardez for grant of permission of house repairs. 

The Commission also recommended that the North District Collector and Assistant Engineer (Sub Div III, WD VIII) Karaswada consider the extension of the permission to the Complainant to stay in the Government quarters at Colvale for a further period of 60 days from the date of grant of permission by BDO and Panchayat Secretary for carrying out repairs of the house.