Ensure law of ban of manual scavenging is implemented in fullest rigour: HC

A division bench of Justices Nitin M Jamdar and M M Sathaye last week passed an order in a plea by the organisation Shramik Janata Sangh and a father of a worker who had died while manual scavenging.  The order was made available on Thursday.

On July 18, 2023, another bench of the HC had directed the Thane civic body to pay Rs 10 lakh to the family members of deceased sewage workers.

After senior advocate Gayatri Singh for the petitioners submitted that there was one more “unfortunate death” and compensation be paid in the same, the bench noted, “According to us, the issue needs to be looked at in a wider spectrum as it is not possible for this Court to monitor each individual case and the objective should be to ensure that the 2013 Act  is employed in its fullest rigour in the State of Maharashtra.”

It noted that the 2013 law, that bans practice of manual scavenging, has set  mandates for local authorities including conduct of surveys to identify manual scavengers in rural and urban areas. Enumerating various provisions of the 2013 law, the bench said that “the first step that needs to be taken is to address the wider issue,  is to ensure that the statutory authorities constituted under the Act of 2013 are established and are functional and have the requisite manpower and necessary administrative setup.”

The court directed the secretary of the state Social Justice and Special Assistance department to appoint a nodal officer who will call for information from local authorities in state, District Magistrates and various Committees under 2013 law so the affidavit can be filed through on various issues.