[Bhavnagar Sewer Death] Gujarat High Court Rebukes State's FIR Against Surviving Sanitation Worker For Allegedly 'Wilfully Entering' Septic Tank

The Gujarat High Court strongly criticized the state government for filing an FIR against a contractual sanitation worker who entered a septic tank wilfully. The court emphasized that it was unfair to hold the worker responsible as he was merely trying to support his family.

This rebuke came during a hearing of a public interest litigation filed by the NGO Manav Garima, which seeks strict enforcement of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The division bench, comprising Chief Justice Sunita Agarwal and Justice Aniruddha Mayee, highlighted the civic body's obligation to compensate the worker.

In November 2023, a sanitation worker died and another fell ill while cleaning a septic tank at a government laboratory in Bhavnagar city, Gujarat. The incident took place at the Central Salt and Marine Chemicals Research Institute campus when Bhavnagar Municipal Corporation workers were using a jetting machine for cleaning. The State had also filed an FIR against the surviving worker for illegally and wilfully entering the septic tank.

The court during the hearing on Friday, highlighted the civic body's obligation to compensate the worker. Chief Justice Agarwal emphasized, “Why would you not compensate him? You are the municipality, you were the principal employer, you engaged the contractor. You cannot refuse to compensate him. For any mishap or any issue pertaining to people engaged by the contractor, the principal employer is equally liable.”

“For any lapse of the contractor, you are vicariously liable. Employer and contractor liability is vicarious. That is why the Contract Labour Act says that if the Contractor is not paying the principal employer would be liable to pay. … You have to pay in addition to what the contractor has paid,” she further elaborated.

During the previous hearing, the High Court directed the Principal Secretary of the Urban Development and Urban Housing Department (UDUHD) to conduct an independent inquiry based on the factual report provided by the Commissioner of Municipal Corporation, Bhavnagar. Subsequently, an affidavit dated February 22, 2024, from the deputy secretary of the urban development and urban housing department, annexing the factual report of an inspection conducted regarding the death incident that occurred on November 10, 2023, in a sewage tank at the Central Salt Marine Chemical Research Institute (CSMCRI) in Bhavnagar, Gujarat, was presented before the Court on Friday.

The municipality's counsel reiterated before the court that the said incident was not a case of manual scavenging but rather a death during the construction work of a new sewage line. The contractor subsequently paid the family Rs 1.85 lakh in compensation, the counsel added.

The government counsel informed the court of the findings of the factual inquiry committee, highlighting that the Bhavnagar Municipal Corporation (BMC) had failed to appoint a supervisor at the incident site, despite it being mandatory. Moreover, although a nodal officer was appointed by the civic body, they neither supervised the site nor appointed any supervisor for monitoring such works. As a result, the committee recommended a departmental inquiry against the BMC executive engineer.

The government counsel further informed that the committee also suggested immediate corrective action in the construction of the septic tank and action against the institution responsible for faulty construction. Additionally, the panel recommended the appointment of nodal officers from corporations for frequent and regular investigations and audits of sewage tank cleaning works.

However, Chief Justice Agarwal expressed dissatisfaction with these recommendations, highlighting, "There are lacuna and slackness on the part of the corporation. The inaction of the corporation is on record. It says that the supervisor of the corporation never remains present. There should be a nodal officer of the corporation. Then who will make the inquiry? Corporation? For their own faults? Who will take action? We are asking you to bring action before us."

The government counsel emphasized that the committee identified significant negligence on the part of CSMCRI and proposed compensation amounting to Rs 30 lakh to be disbursed to the families of the deceased.

Furthermore, the counsel submitted that the committee has advised taking action against the surviving sanitation worker, Sureshbhai Garaniya, asserting that despite repeated warnings from BMC officials, he deliberately entered the tank without the presence of the civic body team. Garaniya had been engaged by CSMCRI for sewage/septic tank cleaning duties on a regular basis. Given his regular involvement in such tasks at the institute, the committee concluded that he was a habitual offender, and It was conveyed to the court that BMC had lodged an FIR against Garaniya for his irresponsible and ignorant behaviour.

However, CJ Agarwal interjected, stating that the worker was only working as a contractual labourer to be able to feed his family, and observed that a perusal of the assertions made in the affidavit about the observations and recommendations of the inspection committee indicates that lapses on the part of the Bhavnagar Municipal Corporation were evident.

Accordingly, the Bench observed: "We therefore require the principal secretary, Urban Development and Urban Housing Department to file his personal affidavit to bring on record action taken report on the factual enquiry report, taken note of the fact that the committee has suggested departmental enquiry against the executive engineer of BMC and lodging of the FIR against the erring persons.