Bhopal- The Madhya Pradesh government recently took a significant step towards the welfare of the Jain community by announcing the formation of a Jain Welfare Commission. This decision was made during a cabinet meeting held in Singrampur, Damoh district, in memory of the warrior queen Rani Durgavati, under the leadership of Chief Minister Dr. Mohan Yadav. This will be the first such board in the country aimed at promoting the economic, social, and educational development of the Jain community. The board will have one chairperson and two members, with due representation given to both the Shwetambar and Digambar sects.

However, in contrast, the Madhya Pradesh State Scheduled Castes/Tribes Commission and the State Women’s Commission have been without a chairperson and members for the past two years, leaving thousands of complaints pending and the process of delivering justice at a standstill.

According to the decision passed in the cabinet meeting, the Jain Welfare Board will consist of one chairperson and two members. The representation in the board will alternate every two years between the Shwetambar and Digambar sects. The primary objective of this board will be to promote the economic, social, and educational upliftment of the Jain community. The government claims that the formation of this board will help integrate the Jain community into the mainstream of development.

Dismal State of the SC/ST and Women’s Commissions

For the past two years, the Madhya Pradesh State Scheduled Castes/Tribes Commission and the State Women’s Commission have been functioning without a chairperson or members. Since March 2023, these key positions have remained vacant, leaving thousands of complaints unresolved. These commissions receive a large number of grievance letters every month, but without a chairperson or members, it is not possible to make final decisions on these complaints.

According to an employee of the State Women’s Commission, the commission receives around 300 complaints every month, mostly related to harassment, violence, and other issues concerning women. While some complaints are dismissed, many are awaiting proper investigation and hearings. A similar situation prevails in the Scheduled Castes and Tribes Commission, where thousands of complaints remain pending.

The delay in these appointments is a direct violation of the fundamental rights of citizens. Article 14 of the Constitution guarantees the right to equality, and Article 21 ensures the right to life and personal liberty for all citizens. The backlog of complaints in these commissions is a clear example of the infringement of these fundamental rights. The denial of the right to justice is a matter of deep concern, especially when these commissions possess the powers of civil courts and are supposed to operate under judicial authority.

The State Scheduled Castes/Tribes Commission and the Women’s Commission hold civil court-like powers. They summon reports from concerned departments, conduct hearings, and make recommendations to the government. However, without a chairperson or members, these powers become dormant, and complainants face significant hurdles in obtaining justice.

Causes of Delay in Appointments

The primary reason for the delay in these appointments is the ongoing judicial dispute since 2020. The BJP government canceled the appointments made by the Kamal Nath government, which led the affected members to approach the courts. The Jabalpur High Court put a stay on the government’s decision, and due to this judicial process, the appointments have been delayed, hindering the process of delivering justice to the public. However, the government could initiate the process of appointing members to these commissions.

According to Pradeep Ahirwar, a former member of the State Scheduled Castes Commission, “The government interfered with the constitutional process by canceling the appointments, which has directly affected the public’s right to justice.”

Under Articles 338 and 338A of the Constitution, the Scheduled Castes and Scheduled Tribes Commissions were established to ensure the welfare and protection of the rights of these communities. Similarly, the State Women’s Commission was established to safeguard women’s rights and monitor atrocities against them. The delay in these appointments goes against the fundamental principles of the Constitution as it weakens public trust in these institutions.

Despite the change from Shivraj Singh Chouhan’s government to Dr. Mohan Yadav’s, the appointments to these commissions remain incomplete, raising serious questions about the effectiveness of these constitutional bodies. The lack of priority in filling these positions has further delayed justice for the public.