Human rights vilolations in cities

New Delhi: Love thy neighbour they say, but today housing societies seem more interested in power politics. Human rights violations do not necessarily take place in villages but can also be witnessed in a metropolis like Mumbai.

A housing society in the city has cut off the water and electricity supply to one of its members on the grounds of a dispute.

The family in question has spent the last two months of the sweltering Mumbai summer without water and electricity in spite of a court order. This is a reflection of the power politics that plague our cooperative societies.

The question that was being debated on CNN-IBN's India 360 was: Are housing societies in our cities being run like fiefdoms?

To debate the issue on the panel of experts was Chairman, Maharashtra Societies Welfare Association, Ramesh Prabhu; and President, People's Action, Sanjay Kaul.

Can a building bylaw provide for punitive action?

So does the Maharashtra Societies Welfare Association have the power to deal with this case in point? Can the Mallad housing society be directed to correct the wrong that they have done?

To this Ramesh Prabhu said that if a member approached them, then they would be able to refer this matter to the society and tell them that what they have done is absolutely wrong.

HOUSING SOCIETIES' GUIDELINES

Cooperative bodies to be registered with state government.

Application form to be signed by at least 60 members.

Adherence to proposed bylaws mandatory.

"If a complaint is registered, then the society has to restore the supply. In fact, the person has already got an order from the DDR and the municipal body that the supply should be restored, but it has still not been done," said he.

He said that suo motto action can be taken without a complaint being made against the housing society in question. "If the complaint comes to us in writing, definitely we can take up the matter, but nothing can be done without a written complaint," he said.

Compromising Human Rights

Mumbai is not the only metropolis affected by this fiefdom. Even in Delhi, there are scams galore and an abundance of power politics in housing societies.

"The management of housing societies comes into play only after a society has been registered and flats have been allocated. Within that, whatever power play occurs is pretty nominal and quite usual. But that's not really the point of concern here. What is of concern is whether these housing socities have the kind of power to cut off water and electricity supply. I think we all agree that they do not have these kind of powers," said Sanjay Kaul.

"No court in the land can even think of providing them with power like this. That compromises human rights completely. The housing societies are becoming islands of governance within themselves and that's happening because the government is passing on responsibility to these societies as these are things that the state governments do not want to get involved in largely," he added.

DOS & DON'TS

Meant to oversee maintenance & running of civic affairs.

Need to promptly attend to member complaints & grievances.

Shouldn't discriminate between members.

Shouldn't place unlawful restrictions on members .

Disputes to be resolved through arbitration or in consumer forum.

He said that there was a corruption in the sense of governance not being able to deliver and people were taking civic services and law into their own hands. He added that small decisions should not be allowed to be taken by a small coterie.

Community Specific Societies?

It's been alleged that many housing societies in Mumbai are taking this issue of ghettoisation very seriously and certain communities are not allowed to buy houses in certain housing societies. The Maharashtra Societies Welfare Association is planning to take this issue head on.

"As far as the Maharashtra Cooperative Society Act is concerned, it's an open membership and any community can purchase land in any housing society. But when power is given to a managing committee, they sometimes do put these kind of restrictions. For this the bylaw has provided a very good provision which says that before buying a flat in any cooperative society, there is no need of prior permission from any housing committee," said Prabhu.

Sanjay Kaul said that if housing societies were given the power to maintain things that is actually the responsibility of the municipal bodies in the city, then such kind of corruption will certainly occur.

MEMBER RIGHTS

Certificate of allotment.

Transfer / inherit the property.

Use common areas.

Attend meetings.

Vote & contest elections.

Seek information from the society.

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