Approaches GHRC after 5-year struggle with p'yat dept
PANAJI
While Goa boasts of being Open Defecation Free – a debatable issue, a senior citizen’s plight reveals an alleged gap in the system. Anjuna resident Radabai Krishna Morajkar, aged 81 years, approached the Goa Human Rights Commission after a five-year struggle with the Panchayat Department to complete her toilet facility.
In her complaint she stated that despite her son depositing Rs 10,000 in 2019, the toilet remains incomplete due to land dispute.
The Goa Human Rights Commission has now recommended to the department that the remaining 30 per cent of the work, including the construction of a functional soak pit, must be completed within 60 days. The Commission presided over by Acting Chairperson Desmond D’Costa and Member Pramod Kamat stressed that the delay constitutes a violation of the complainant's human rights.
“…As the violation of the human rights of the Complainant is disclosed due to the negligence of Respondents No 1 (Secretary of Village Panchayat of Anjuna- Caisua) and 2 (Panchayat Department) in the prevention of the violation, the Commission recommends that both, forthwith complete, through the authorized agencies, the toilet construction with functional soak pit near the house of the Complainant which is pending from 2019 for more than 5 (five) years, by completing the balance 30 per cent of the work, within 60 days from today,” it said.
Earlier, during the inquiry, the Village Panchayat acknowledged receiving Rs 10,000 from Radabai’s son, Mohan Krishna Morajkar, for constructing the facility. The project stalled owing to a dispute between the tenant and the landowner.
The Commission however noted that government guidelines under the Goa Public Health Act, 1985, and subsequent circulars mandate the provision of Bio-Digester toilets without requiring landowner consent.
During the hearing, Advocate for the Complainant cited the Circular which states that the Bio-Digester toilets on the receipt of applications, have to be provided without NOC/consent of the owner/landlord. “In terms of the Circular, in the event of any dispute as regards land, etc., such dispute, lis, proceedings, right, privilege shall remain unaffected and shall not prejudice any person in any way whatsoever. In terms of the Circular, the Director of Panchayats was one of the authorities to sanction benefits under the scheme, if the applicant is otherwise eligible,” it said.
The Panchayats department admitted the delay and attributed it to unresolved land disputes. The Commission while stating the dispute could not justify withholding essential sanitation facilities, a basic human right further recommended action taken report or proposed to be taken within 60 days or on or before March 4, 2025 from the authorities.
