Each And Every Sanitary Worker Should Be Told About Their Rights & Entitlements In UP: Allahabad HC Directs UP Govt

In a significant order, the Allahabad High Court has directed the Uttar Pradesh Government to hand over every sanitary worker a printed pamphlet enlisting their rights and entitlements.

In this regard, the Bench of Justice Chandra Kumar Rai and Justice Manoj Kumar Gupta has asked the State Government to prepare a brief one-page pamphlet specifying the rights and entitlements of the sanitary workers and publish the same in the newspapers.

This order has been issued in a suo moto PIL plea wherein the Court had, last month, taken note of a news item, which was published in the newspapers on May 24, 2022, wherein it was shown that without any protective gears, open drains were being cleaned up by the persons deployed either by the Nagar Nigam or through contractors.

Earlier on May 26, the Court had issued notices to different Authorities in the State.

Now, on June 7, the Additional Advocate General appearing on behalf of the State submitted before the Court that strict instructions have been issued to all local bodies to ensure full compliance with the laid down Standard Operating Procedure in cleaning sewers and septic tanks

He made special emphasis to the provisions relating to (a) insurance of the life of workers engaged in hazardous cleaning (b) complaint redressal system and helpline number, (c) making it imperative to constitute a Responsible Sanitation Authority (RSA) and Emergency Response Sanitation Unit (ERSU) in every Urban Area

Further, since the Court had earlier asked the UP Govt as to why the machines and protective gears are not being used for cleaning of the drains across the state, on June 7, the Court was told that in Prayagraj cleaning work of 202 drains in the city is being done with the help of mechanized machines.

It was also stated that all contractors have been instructed and warned not to permit any labour or workman to enter drains without wearing protective gears and that strict action will be taken against erring persons in case of violation.

Against this backdrop, the Court observed that though a lot has been done on paper, but the benefits have not trickled down to the beneficiaries. The Court further stressed that only framing SOPs and guidelines without having any mechanism in place to ensure implementation is of no use.

Therefore, the Court asked the Chief Secretary and the other respondents to ponder over the issue and take concrete measures for implementation so that some change is discernible in the working conditions of the sanitary workers.

Apart from this, the Court also directed that a separate portal be created by the Nagar Nigam, accessible to the common citizen where they can upload photographs to highlight the plight of sanitary workers and assures that the details of the said portal will be put in the public domain by issuing advertisement in newspapers and through other electronic media.

Lastly, the Court posted the matter for further hearing on June 13 and directed the State Government to file an affidavit of a responsible officer disclosing further measures taken by it in the matter.

"The Nagar Ayukt, Nagar Nigam, Prayagraj shall also file his personal affidavit disclosing the steps taken to implement the above directions, the SOP prescribed by the Government and prevent further breaches, in relation to the working conditions of the sanitary workers," the Court further ordered.

Case title - In Re Ensuring the Security of Life and Safety of Health of the workmen and employees engaged v. The Chief Secretary, Government of U.P.

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