As reported on 25th August 2015 by Mumbai Daily “ the Brihanmumbai Municipal Corporation (BMC) cannot dictate people’s eating habits, and neither can it tell builders developing new residential societies whom to sell and not sell flats, as there are no such provisions in the Development Control Regulations (DCR) 1991, municipal commissioner Ajoy Mehta has said.”
Further as per Report “ Mehta gave his written opinion on the notice of motion raised by MNS leader in the BMC, Sandeep Deshpande, on the city’s prime developer selling properties on the basis of eating habits, caste and religion.”
Reportedly Deshpande had demanded that if such instances are found, the civic administration should reject or revoke the Intimation of Disapproval and Commencement Certificate, and stop water connection to the building concerned.
“People from particular caste or religion, or non-vegetarians are denied flats by a few developers. However, such denials are oral, nothing is given in writing. Hence, the victims can’t prove it,” Deshpand added.
“Even if BMC’s building proposals department can’t do anything as of now, as there is no provision in the DCR, the Shiv Sena should take up the issue and include stricter rules in the new DCR. It will help citizens who are not able to buy a flat of their choice even if they have money.”
There have been reports in the recent past of several instances of people being denied flats in new developing colonies or existing ones to the tenants because of their eating habits. Also, there have been cases of ugly fights between residents over eating habits, with vegetarians saying they can’t tolerate non-vegetarians’ eating habits in their neighbourhood. Politicians and activists have been demanding actions for Ghettoization of Minorities. Doors of Human rights commission have also been reportedly knocked. In such situation this news must have brought relief to the builders.
The constitutional embargo on “Ghettoization of Minorities” is being incorrectly linked to builders’ private businesses as also housing societies which are given constitutional status and as such have much more freedom from the Political and bureaucratic interference. There is no education on these matters and as such political gain seekers keep dividing the population which is wholly unjustified and immoral. An accurate legal position needs to be clarified in authentic manner to stop incorrect propaganda.
The National Commission for Minorities (NCM) has been set up with the object to safeguard the constitutional and legal rights of minorities in the country.
[ http://india.gov.in/official-website-national-commission-minorities-0
Look at the Extract from Minutes of the meeting of NCM on 1st September 2014.” The NCM also condemns the communally charged statements attributed to prominent people in public life which are creating this atmosphere of mistrust and heightened tension.” http://ncm.nic.in/pdf/resolution/1.11.14.pdf
No common man who gets carried by the false alarm on “Ghettoization of Minorities” is going to be impressed by the above resolution unless concrete steps are taken like what BMC CIVIC chief did. NCM should study cases of this nature and make a statement clarifying to what extent it is bad to insist on certain behaviousr of citizens who also have certain fundamental rights conferred by the same constitution to conduct their businesses. For example to form cooperative societies run on principles of voluntary , democratic management and autonomy in decision making. This is also guaranteed under the same Constitution.
