Bombay High Court Orders State To Create Social Media Handle For Citizens To Report Manual Scavenging

The Bombay High Court on earlier this week, ordered the Maharashtra government to create a social media handle, which could be used by citizens and also non-governmental organisations (NGOs) to report instances of 'manual scavenging' across the State. 

A division bench of Justices Nitin Jamdar and Milind Sathaye opined that such creation of the social media handle will help the District Level Committees and also the Vigilance Committees under the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, to ensure no manual scavenging takes place.

"The Department of Social Welfare will also create a dedicated email address for each of the District Level Committees and Vigilance Committees. It shall also create a Social Media handle where citizens and non-governmental organisations can report instances of manual scavenging, which the District Level Committee and Vigilance Committee can examine. This will aid the Social Welfare Department in its statutory duty to ensure that manual scavenging does not take place. This is an addition to the duties cast on the officers under the Act of 2013," the bench said.

Further, the bench noted that by virtue of its affidavit filed on July 4, 2024, the State's Nodal Officer - Commissioner, Social Welfare Department, Pune had 'claimed' that all the 36 districts of Maharashtra have become free from manual scavenging. The judges noted that the Nodal Officer had relied upon the certificates submitted to the Government of India by the Collectors of all the 36 districts.

However, the petitioners disputed the position and highlighted instances of manual scavenging taking place in April and also in August 2024 in some districts across the State. Pursuant to the same, the State's Chief Government Pleader Priyabhushan Kakade informed the judges that the statement made in the affidavit of the Nodal Officer has to be read as the position existing when the certificates were given by the Collectors declaring that 36 districts are free of manual scavenging in the State of Maharashtra and not of today.

"These certificates were submitted to the Union Government on 2 August 2023," Kakade submitted. 

Taking the same on record, the bench ordered Kakade to verify the contention of the petitioners that the manual scavenging continues in the State even today.

"While making a statement regarding the status of manual scavenging, the State authority needs to keep in mind the definition of Manual Scavenger in Section 2(g) of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 as interpreted by the Supreme Court in the case of Dr. Balram Singh V. Union of India," the bench made it clear.

Now, it has been clarified by the Government Pleader that the report of the Collector referred only to the position of the year 2023 and not as of today, an inquiry will have to be made regarding the instances of manual scavenging. This is apart from the efforts to ensure that manual scavenging does not take place at all in the first place, the bench added.

Further, the bench directed the Department of Social Welfare to publish the 'composition' of all the various Committees mandated under the 2013 Act and display all possible information about it on the government's website. It further ordered uploading all the relevant information with regard to these Committees on its website.

The bench was hearing a plea filed by the Shramik Janata Sangh, highlighting the issue of manual scavenging in Maharashtra and also seeking proper compensation for the kin of the scavengers, who died due to manual scavenging. 

Appearance:

Senior Advocate Gayatri Singh along with Advocates Sudha Bhardwaj, Nawaz Dordi and Deepali Kasul appeared for Petitioners.

Senior Advocate Ram Apte along with Advocates Ajit Pitale and Harshad P Nahata represented the Thane Municipal Corporation.

Chief Government Pleader Priyabhushan Kakade along with Assistant Government Pleader RA Salunkhe represented the State.

Advocates Sarang S Aradhye, Gauri Velankar, Saarth Chordia and Shantanu Gurav represented the Kalyan-Dombivali Municipal Corporation.

Case Title: Shramik Janata Sangh vs State of Maharashtra (WP/1570/2023)

Click Here To Read/Download Judgment.