Ensure Effective Implementation Of Law Against Manual Scavenging: Bombay High Court To State

The Bombay High Court recently called for information from the Municipal Corporations of Greater Mumbai, Thane, Kalyan-Dombivali, and Mira-Bhayander on steps taken for effective implementation of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013.

These Municipal Corporations have to furnish the information in the first phase of gathering information from the entire state.

The reply affidavit must state whether State Monitoring Committee, Vigilance Committees, State Level Survey Committee, District Level Survey Committee and Sub Divisional Committee at Divisional Level, have been constituted and their composition. If the committees are not constituted, the affidavit has to state what steps have been taken to form the committees. The affidavit also has to state the steps taken for identification and rehabilitation of manual scavengers, and any schemes implemented by the local authorities.

A division bench of Justice Nitin Jamdar and Justice MM Sathaye observed -

“The first step that needs to be taken 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 was dealing with a writ petition filed Shramik Janata Sangh, an association working for manual scavengers and seeking compensation for the family of a person who died while manual scavenging.

The court had directed interim compensation of Rs. 10 lakhs was granted to the family of the deceased. The petitioner sought to amend the petition to include details of another unfortunate death of a manual scavenging worker and a claim for compensation.

The court said that a wider perspective is necessary to tackle the issue comprehensively.

The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, was enacted to eradicate the practice of manual scavenging and provide rehabilitation for the affected workers and their families.

The court delved into the various chapters and sections of the Act, emphasizing the responsibilities of local authorities, District Magistrates, and implementing authorities in eliminating insanitary latrines, conducting surveys, and enforcing the ban on manual scavenging. The Act also provides for the appointment of inspectors with powers to enter premises, conduct inspections, and prevent the employment of manual scavengers.

To ensure effective implementation, the Act provides for establishment and functioning of various committees. These include Vigilance Committees at the district and sub-divisional levels, the State Monitoring Committee, and the District Level Survey Committee.

The court noted the role of these institutions in monitoring compliance, coordinating rehabilitation efforts, and addressing any issues related to the Act's implementation.

Since the State of Maharashtra has not framed its own rules, the court noted that the Rules of 2013 framed by the Ministry of Social Justice and Empowerment of the Central Government are applicable. These rules outline the composition and functions of the District Level Survey Committee, responsible for overseeing the survey process, awareness campaigns, and the identification of manual scavengers.

In light of the above, the court directed the Secretary of the Department of Social Justice and Special Assistance, State of Maharashtra, to appoint a Nodal Officer. This officer will coordinate with local authorities, District Magistrates, and other relevant committees to gather information and file the reply affidavit to the petition.

The court listed the petition for directions on May 7, 2024, to report progress on the implementation of the Act.

Senior Advocate Gayatri Singh along with advocate Sanjot Shirsath and Sudha Bhardwaj, represented the Petitioners.

Government Pleader PP Kakade along with AGP RA Salunkhe represented the State.

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