Can I appeal a human rights commission decision in Bombay High Court?

The Bombay High Court may entertain appeals against human rights commission decisions if there's a clear illegality, though their scope of interference is limited.

What happened at the drug rehabilitation center in Thane?

A mother alleged her son was sexually assaulted at a Thane district drug rehabilitation center, but her complaint was dismissed due to insufficient evidence.

What recourse does a complainant have if their human rights case is dismissed?

If a complaint is dismissed, individuals may still have the option to file a private complaint before a magistrate.

Home / Crime and Justice / Court Rejects Rehab Assault Appeal

Court Rejects Rehab Assault Appeal

1 Dec

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Summary

Bombay HC denied a mother's plea regarding a drug rehab center assault.
Court cited insufficient evidence and a psychiatrist's report.
The mother can still file a private complaint with a magistrate.

The Bombay High Court has declined to entertain a petition filed by a mother challenging the Maharashtra State Human Rights Commission's dismissal of her complaint concerning her son's alleged sexual assault at a drug rehabilitation center in Thane district. The incident reportedly occurred in August 2013, with the mother lodging a formal complaint after her son displayed distress upon returning home.

The court noted that the State Human Rights Commission had based its decision on a report from the sub-divisional police officer. This report included witness statements suggesting the son was mentally unstable and hallucinating, rather than physically assaulted. A psychiatrist's evaluation corroborated this, pointing to psychosis due to excessive drinking.

Despite the mother's argument that the report favored the center's employees, the High Court found no illegality in the Commission's order, deeming it factually supported. The judges granted the mother liberty to file a private complaint before a magistrate.

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