The Madras High Court observed that the prohibition of Manual Scavenging was achieved directly yet indirectly human beings were involved for picking the trash or filth left out in the drainage system because of which resulted into death also as they slipped and fell into the pith hole.
“While Municipalities and Corporations may have stopped directly engaging manual scavenging work, it appears that the contractors are engaged for the purpose and Corporation and Municipal officials look other way, while manual scavengers are still sent down the pits to carry filth on their heads as they come up. There have already been six deaths till the end of February this year.”
The above observation was made by the Division bench of Madras High Court, comprising of Chief Justice Sanjib Banerjee & Justice Senthilkumar Ramamoorthy in the petition filed in 2017 related to Manual cavenging.
Factual Background
A PIL was filed in 2017 pertaining to prohibition of manual scavenging and paying compensation to the victims who had lost their lives in Manual Scavenging. The said PIL was still pending before the Court.
Court Reasoning & Judgment
The Court showed its concern about the PIL as this petition has been pending from 2017 and there is no doubt that each time the matter has come up, the Court has stressed on the immediate need to stop the inhuman practice which amounts to exploitation of a particular class which has suffered for generations.
As the pendency of the said PIL and the report which the Court asked from all the Districts which was time consuming the Court given the Respondent three weeks time and held that:
“It is high-time that the heads of Corporations and Municipalities are held personally liable for any death to anyone engaged in manual scavenging within their territories. It must be made clear by the appropriate department of the State to all heads of Municipal Corporations and Municipalities in the State that any manual scavenging death within the jurisdiction of the relevant Municipality or Corporation will result in the Commissioner or Chairperson or the like controlling authority of the relevant body to face criminal charges and be subjected to immediate arrest.”
The Bench also ordered the Respondents to pay the compensation to the victim’s family and made a report of that which should be attached with previous said report. The matter is listed on 06.04.2021 for next hearing.
Case Details:
Case: W.P.(MD) No.24243 of 2017
Quorum: Chief Justice Sanjib Banerjee & Justice Senthilkumar Ramamoorthy
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