Mother of 8-year-old gang war victim petitions MHRC over State’s neglect

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Sunita S. Sharma, mother of 8-year-old Trisha Sharma, a victim of the 2023 Chunabhatti gang war incident, has approached the Maharashtra Human Rights Commission (MHRC) alleging “gross violation of fundamental and human rights” and the State’s inaction in providing medical assistance to her injured daughter. 

In her complaint, Ms. Sharma said she was compelled to seek the Commission’s intervention as her repeated representations to government authorities, including the Chief Minister, Mumbai Collector, and Police Commissioner, have gone unanswered. Despite a detailed petition submitted on July 11, 2024, seeking urgent medical and financial support, the family has received “no meaningful assistance.” 

On December 24, 2023, violence broke out in Chunabhatti when rival gangs opened fire, killing and injuring several people. Trisha, then returning home, was struck by a stray bullet that caused severe damage to her hand. “The injury has led to permanent damage, shattering her dream of becoming a pilot and leaving her physically and emotionally scarred,” Ms. Sharma said. 

An FIR was lodged at Chunabhatti Police Station under provisions of the Maharashtra Control of Organised Crime Act (MCOCA), and a chargesheet has since been filed against the accused. However, Ms. Sharma argued that progress in prosecution has not translated into relief for the victim’s family. 

Belonging to a financially distressed household, her husband works as a barber while she is a homemaker, Ms. Sharma said they cannot afford the expensive medical treatment needed for their daughter’s rehabilitation. “The inaction and neglect constitute a violation of my daughter’s right to life and liberty under Article 21 and equal protection under Article 14 of the Constitution,” she said in her complaint. 

She also pointed out that the state has failed its obligations under the Protection of Human Rights Act, 1993, as well as international commitments under the United Nations Convention on the Rights of the Child (UNCRC), to which India is a signatory. 

Advocate Hitendra D. Gandhi, representing the case, said, “The grievance is two-fold — first, the State failed to stop such violence and is therefore liable to pay compensation, and second, it has ignored the suffering of the victim. This incident is a case of organised crime, and the State had all the means to prevent it but failed in its responsibility. We have approached the Human Rights Commission so that the concerned State machinery is held accountable under the law. Today, we sought time to file rejoinder. We will also move an application to make the principal secretary and collector party in this matter.” 

The complaint urges the MHRC to direct immediate medical and financial assistance, along with compensation for the irreversible harm caused to the child. 

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The Hindu