2 days ago
Manual scavenging: HC seeks report from local bodies to ensure they are equipped with necessary infrastructure
To ensure that all local bodies in Gujarat have the equipment and machineries, mandated by the government in a resolution to completely eradicate manual sewer cleaning and for strict compliance of the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 in the state, a division bench of the Gujarat High Court has directed the Commissioners of Municipalities to get a report from each of the local bodies.
In this context, the court has also observed that it is incumbent that all local bodies are equipped with necessary infrastructure either on their own or by engaging a contractor who must be equipped with the necessary machines and equipment to be used by sanitation workers engaged by the local body or the contractor.
The court passed an order in this regard on July 7, while acting on a public interest litigation (PIL), seeking strict implementation of the 2013 Act in Gujarat.
The PIL was moved by an Ahmedabad-based voluntary organisation, Manav Garima, in 2016, seeking strict implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, in the state. In the PIL, the petitioner had highlighted repeated incidents of death of people engaged in manual scavenging by contractors hired by the municipalities and municipal corporations as well as other local bodies across the state.
Complying with an earlier order of the court, the Commissioner of Municipalities had filed an affidavit before the court, stating that a virtual meeting was convened with the Regional Commissioners of municipalities of six zones, the Mission Director, Swachchh Bharat Mission and Deputy Commissioner (Administration) on April 30 this year wherein they were directed to strictly adhere to the guidelines issued by the state government through its Urban Housing and Urban Development department to all local bodies by a government resolution, dated April 3, 2025.
As recorded by the court in its latest order, the guidelines in the government resolution included procurement of 'certain machineries (equipment) for cleaning of drains so that the safety of safai karmi of the local bodies can be ensured.'
In its order, the court noted, 'As there is a mandate for cleaning of drains and manholes in a particular manner, there is a requirement to equip the nagarpalika, municipal corporations and other local bodies with these equipment. There is a requirement to make an inquiry as to whether the local bodies in the state are equipped to carry out the mandate of the government resolution dated 03.04.2025…'
The court order added, 'We say so, as according to us, payment of compensation, termination of contract, blacklisting of contractor and lodging of first information report against the contractor and erring officers are not a complete answer to the problem. The main issue is about absolute eradication of manual scavenging or manual sewer cleaning in the state of Gujarat by ensuring strict compliance of the provisions of the Act.'
'Once manual scavenging is completely banned, any engagement of a single person as manual scavenger is violation of the legislative prohibition. It is the duty of the executive to ensure strict implementation of the legislative provisions and in this direction, it is incumbent that all local bodies are equipped with necessary infrastructure either on their own or by engaging a contractor who must be equipped with the necessary machines and equipment to be used by safai karmi, engaged by the nagarpalika or the contractor.'
It also stated: 'We, therefore, require the Commissioner of Municipalities (Administration), Gandhinagar, to get a specific report from each of the local bodies through the concerned officer…whomsoever is in direct supervision of the local bodies to ensure that all local bodies in the state are equipped with the equipment/machineries as mandated in the government resolution dated 03.04.2025.'
The court said that after receiving reports from the officers concerned, the office of Commissioner of Municipalities has to 'compile the same and place it before the court'.
'Considering the seriousness of the issue', the court also said that the Advocate General of the State should be engaged to assist the court in the matter.
