‘Reached Moon, not free from caste evil’: Bombay HC slams Maharashtra’s manual scavenging compensation rule
The high court also noted that our country is not "free from the social evil that has haunted us for ages" despite more than 75 years of adopting the Constitution.
The Bombay High Court observed recently that while “we boast about reaching the other side of the Moon,” some are being made to do work “below human dignity” due to the “social evil of the caste system” that, it said, is still being followed in India. The high court made these observations while noting the deaths of sanitation workers engaged in manual scavenging.
The court also set aside a portion of the December 2019 and April 2025 Government Resolutions, saying they discriminated against sanitation workers employed with private establishments under private contractors by paying them lower compensation than those employed by the state government and its undertakings.
A bench of Justices Bharati H Dangre and Manjusha A Deshpande passed the ruling on August 13, as reported by The Indian Express, the detailed judgment of which was made available Thursday night.
Senior advocate Gayatri Singh, along with advocates Sudha Bharadwaj and Khalil Rehman appearing for Shramik Janata Sangh and others, argued that the state government must pay compensation to the five deceased workers’ kin as per the Supreme Court judgment in the Safai Karmachari Andolan case.
“We boast about reaching the other side of the Moon, yet the hard reality that stares us in the face is that the social evil of the caste system is still followed in our country, which forces some of our citizens to do work that is below human dignity. Though the Constitution guarantees all its citizens, equality before the law and equal protection of the law, even after 75 years of adopting the Constitution, our Country is not free from the social evil that has haunted us for ages,” Justice Deshpande noted.
Manual scavenging, the court added, “is one such practice, which is still followed in our country, which forces a particular class of society to undertake this inhumane practice for generations,” despite various Supreme Court rulings and laws prohibiting it.
The court also entitled the kin of five private sanitation workers who died while engaged in manual scavenging to Rs 30 lakh compensation from the state authorities and directed the government to identify all persons who died while doing such work within six months and provide Rs 30 lakh compensation to their dependents.
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“Pained to observe the instrumentalities of the state are making half-hearted attempts” to implement Supreme Court rulings, the HC noted, adding that it left sanitation workers “deprived of their legitimate claims for compensation and rehabilitation.”
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
