NEWS: Karnataka HC warms District Magistrate of Contempt on account of Manual Scavenging

By Legal Wires 6 Minutes Read

The Karnataka High Court ordered the State Government and Local Bodies to ensure that manual scavenging if done for cleaning sewers manually, should be carried out in strict compliance with the laws and rules in force under Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.

A Division Bench comprising of Acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum said that the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (2013 Act) and the Rules framed under the Act lays down the process for cleaning sewers of the septic tank.

The court said “Rules have also been framed under the Act of 2013, known as Provisions of employment as manual scavengers and their rehabilitation rules and rule 3 provides for process for cleaning sewer of septic tank. The persons who have lost their lives were certainly not wearing air purifier gas mask and they were not properly equipped and therefore the State government and all local bodies of the state government are directed to ensure that in case a sewer has to be cleaned manually, no cleaning will take place without following statutory provisions under the act and the rules, especially from rule 3 to 8,“

“Non-compliance of the statutory provisions under the Act and Rules and violation of this order shall be exposing all district magistrates for contempt of court proceeding, as district magistrate is the authority who has remained responsible under the Act of 2013, for rehabilitation of such manual scavengers. It shall be the duty of the district magistrate to create awareness among all officers of local bodies for ensuring compliance to the statutory provisions which are contained in the Act and Rules.” the courts added.

The court was hearing a plea filed by All India Central Council Trade Unions to end the manual scavenging in the state, in violation of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (2013 Act) and related rules. The court was informed that in respect of the incident which took place in Kalaburagi on January 28, 2021, in which two persons had died while allegedly being made to do manual scavenging, a charge sheet has been filed after an investigation by the police. The court also considered the Ramanagara incident which took place on June 4, 2021, in which three sanitation workers had died when engaged in manual scavenging. Wherein a time period of 30 days was granted to the police to complete the investigation.

Further, the court was informed that in respect of the Kalaburagi incident, Rs 10 lakh each has been provided to the families of the deceased. However, the state government has not taken steps for rehabilitation and benefits flowing out of the Act for the family.

Since the District Magistrate of the concerned district is responsible for the rehabilitation of manual scavengers, the Court directed the District Magistrates of both Kalaburagi and Ramanagara to remain present before the Court on October 4.

“It shall be duty of district magistrate to create awareness among all officers of local bodies for ensuring compliance to the statutory provisions which are contained in the act and rules.” the court said.

Further, the State Government was directed to file a detailed chart in respect of the equipment’s which are provided under the rules, their availability in various local bodies and shall also ensure that they are made available if they are not available in the local bodies as it is mandatory for local bodies to possess the necessary equipment as provided under the Act and Rules.

Thus the court granted the State Government to file a compliance report in 4 Weeks and the next hearing will be on 3 October 2021.