Appoint Two Women Social Workers In State Monitoring Committee Under Anti-Manual Scavenging Law: Gauhati High Court To Assam Govt

Section 26(1)(i) of the 2013 Act mandates that two of the four social workers in the committee must be women. However, state government in August 2018 appointed three male social worker and only one woman social worker in the Committee.

The petitioner in a PIL before the court argued that there is an aberration of the requirement of Section 26(1)(i) as two women members have not been appointed in the Committee.

The division bench of Justice Achintya Malla Bujor Barua and Justice Robin Phukan said prima facie it is noticed that the requirement of Section 26 (1)(i) had not been followed while constituting the Committee under Section 26(1) by the Notification dated 18.08.2018 in respect of the social worker members.

"In the circumstance, we are of the view that the interest of justice would be met on a direction being issued to the Commissioner and Secretary to the Government of Assam in the Department of Social Justice and Empowerment to do the needful to bring in the rectification," said the court.

The court further directed that the Commissioner and Secretary of the Social Justice and Empowerment Department to do the needful within a period of two months. 

"As some change may be incorporated in the social welfare members in the Section 26(1) Committee under the Act of 2013, we further provide that the Commissioner and Secretary of the Social Justice and Empowerment Department while doing the needful shall also give due opportunity to all the three male social worker members of the Committee before passing any order which shall be in conformity with the requirement of Section 26(1) (i) of the Act of 2013," it added.

Case Title: Dipa Basfor v. The State of Assam & 5 Ors.

Citation: 2023 LiveLaw (Gau) 16

Coram: Justice Achintya Malla Bujor Barua and Justice Robin Phukan

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