Sanjay Kumar Datta vs State of Jharkhand And Ors

Heard Ms. Monalisa Singh, learned counsel appearing for the petitioner and Mr. Krishna Shankar, learned S.C. (L&C)-II appearing on behalf of respondent nos. 1 and 2.

Although notice upon respondent no.3 has been validly served, nobody appears on behalf of respondent no.3. This matter was also taken on 29.11.2019, 20.12.2019 and 21.01.2020 and on those days also, nobody appeared on behalf of respondent no.3.

The petitioner has preferred this writ petition for quashing the order dated 11.03.2014 passed in Case No. 5 of 2014 by the State Commission for Women, Jharkhand.

Ms. Monalisa Singh, learned counsel appearing for the petitioner submits that by the impugned order, the dispute of title has been decided, which is not in domain of the State Commission for Women. She further submits that Late Shakuntala Devi Mehta during her life time had executed a will on 28.10.1998 in favour of the petitioner. Late Shakuntala Devi Mehta died on 01.02.2010 and she was survived by her husband Mehta Madan Lal, daughter Kamlesh Kumari Datta and two maternal grandsons including the petitioner. The petitioner had filed a probate case for grant of probate certificate, but the same was dismissed on technical ground, thereafter, the petitioner has filed Miscellaneous Appeal No. 252 of 2012 before this Court, which is still pending. She further submits that it is well settled proposition of law that if the statute has prescribed the procedure, that needs to be followed. She refers Section 10 (Chapter III) of the Bihar State Commission for Women Act, 1999, where, the functions of the Commission has been prescribed.

For the sake of convenience, Section 10 of the said Act is quoted herein below:

"10. Functions of the Commission. - (1) The Commission shall perform all or any of the following functions namely:-

(a) To investigate and examine all matters relating to the safeguards provided for women under existing laws;

(b) To present to the State Government, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards for women:

(c) To make such reports recommendations for the effective implementation of those safeguards for improving the conditions of women in the State;

(d) To review, from time to time, the existing provisions and laws affecting women and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislation's;

(e) To take up all cases of atrocities against women in the State and violation of laws relating to women with the appropriate authorities.

(f) Look into complaints and take suo motu notice of matters relating to the following subjects:-

(i) deprivation of women's rights;

(ii) non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development;

(iii) non-compliance of policy decisions, quidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women, and take up the issues arising out of such matters with appropriate authorities:

(g) call for special studies or investigations into specific problems or situations arising out of discrimination and identify the constrains so as to recommend strategies for their removal,

(h) undertake promotional and educational research so as to suggest ways and ensuring due representation of women in all spheres and identify factors responsible for impeding their advancement, such as lack of access to housing and basic services, inadequate support services and technologies for reducing drudgery and occupational health hazards and for increasing their productivity.

(i) participate and advise on the planning process of socio-economic, development of women:

(j) evaluate the progress of the development of women under the State;

(k) inspect or cause to be inspected a jail, remand homes, women's institution or other place of custody where women are kept as prisoners or otherwise, and take up with the concerned authorities for remedial action, if found necessary,

(l) fund litigation involving issues affecting a large body of women;

(m) make periodical reports to the Government on any matter pertaining to women and in particular various difficulties under which women suffer;

(n) any other matter which may be referred to it by State Government.

(2) The State Government shall cause all the reports referred in clause

(b) of sub-section (1) to be laid before each House of Legislature alongwith a Memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, or any of such recommendations.

(3) The Commission shall, while investigating any matter referred to in clause (a) of sub-section (1) and sub-clause (i) of clause (f) have all the powers of a Civil Court trying a suit, and in particular in respect of the following matters, namely.

(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits:

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commissions for the examination of witnesses and documents; and

(f) any other matter which may be prescribed."

By way of referring Section 10 of the said Act, learned counsel for the petitioner submits that the State Commission for Women has exceeded its jurisdiction. To buttress her argument, she relied upon the judgment rendered by the Hon'ble Supreme Court in the case of Bhabani Prasad Jena v. Convenor Secretary, Orissa State Commission for Women and another, reported in (2010) 8 SCC 633.

Paragraphs 9, 10 and 24 of the said judgment are quoted herein below:

"9. It would be seen from Section 10 of the 1993 Act that the State Commission has been authorised to take up studies in respect of economic, educational and health situation of the women of the State and also the working conditions of women in the factories, establishments, construction sites and make its recommendations to the State Government. The State Commission is empowered to compile information in respect of the offences against women and to coordinate with the State Cell and District Cells for atrocities against women. Further, the State Commission is competent to receive complaints in respect of the matters specified in Section 10(1)(d) and take up the grievances raised in the complaint(s) with the authorities concerned for appropriate remedial measures. The State Commission is also given the role of assisting, training and orienting the non-governmental organisations in the State in legal counselling of poor women and enabling such women to get legal aid. Under clause (f) of Section 10(1), the State Commission is authorised to inspect or cause to be inspected, a jail, remand home, women's institution or other place of custody where women are kept as prisoners or otherwise and take up with the authorities concerned these matters for remedial action.

In other words, the State Commission is broadly assigned to take up studies on issues of economic, educational and health care that may help in overall development of the women of the State; gather statistics concerning offences against women; probe into the complaints relating to atrocities on women, deprivation of women of their rights in respect of minimum wages, basic health, maternity rights, etc. and upon ascertainment of facts take up the matter with the authorities concerned for remedial measures; help women in distress as a friend, philosopher and guide in enforcement of their legal rights. However, no power or authority has been given to the State Commission to adjudicate or determine the rights of the parties.

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Insofar as the present case is concerned, we have already held that the State Commission has no authority, competence or power to order DNA test. Looking to the nature of proceedings with which the High Court was concerned, it has to be held that the High Court exceeded its jurisdiction in passing the impugned order. Strangely, the High Court overlooked a very material aspect that the matrimonial dispute between the parties is already pending in the court of competent jurisdiction and all aspects concerning matrimonial dispute raised by the parties in that case shall be adjudicated and determined by that court. Should an issue arise before the matrimonial court concerning the paternity of the child, obviously that court will be competent to pass an appropriate order at the relevant time in accordance with law. In any view of the matter, it is not possible to sustain the order passed by the High Court."

Per contra, Mr. Krishna Shankar, learned S.C. (L&C)-II appearing on behalf of respondent nos. 1 and 2 submits that the State Commission for Women has rightly passed the impugned order. He further submits that by the impugned order, right, title and interest has not been decided and only the old mother of the petitioner has been asked to provide one room in the ground floor. He further submits that there is no illegality in the impugned order and, therefore, this writ petition has got no merit and the same is fit to be dismissed.

As a cumulative effect of the above discussions, particularly looking to Section 10 of the Bihar State Commission for Women Act, 1999, the State Commission for Women has been authorized to examine all matters relating to the safeguards provided for women under existing laws, to present report upon the working of those safeguards for women, effective implementation of safeguards, to review existing provisions and laws affecting women, to take up all cases of atrocities against women in the State and violation of laws relating to women with the appropriate authorities, deprivation of women's rights, non-implementation of laws enacted to provide protection to women, non-compliance of policy decisions, guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women, call for special studies or investigations into specific problems arising out of discrimination, undertake promotional and educational research, participate and advise on the planning process of socio-economic, evaluate the progress of the development of women, inspect or cause to be inspected a jail, remand homes, women's institution etc., fund litigation, make periodical reports to the Government and any other matter referred by the State Government. Thus, from Section 10, it transpires that the State Commission for Women has no authority to pass the impugned order and looking to the nature of functions, it appears that the State Commission for Women has exceeded its jurisdiction in passing the impugned order. A very material aspect that the probate case has been dismissed and Miscellaneous Appeal No. 252 of 2012 is still pending before this Court and all aspects concerning the dispute raised by the parties in that case, shall be adjudicated and determined by the court in Miscellaneous Appeal No. 252 of 2012. The dispute can be contended in Miscellaneous Appeal. Consequently, the writ petition is allowed. The impugned order dated 11.03.2014 passed in Case No. 5 of 2014 by the State Commission for Women, Jharkhand is quashed.

Accordingly, this writ petition stands allowed and disposed of.