The Gujarat High Court, on March 5, expressed strong disapproval of the Chief Officer of Patdi Nagar Palika (Municipality) for failing to take any substantive action regarding the tragic deaths of two sanitation workers engaged in manual scavenging. These workers were employed by a contractor, and the court found the officer's silence on the matter unacceptable.
While reviewing the affidavit submitted by the Chief Officer, the court noted that the municipality had only terminated the contractor’s contract. No further legal or penal action had been taken against the contractor, despite one of the deceased workers allegedly being a minor. Consequently, the court ordered a thorough inquiry into the matter.
Background of the Case
The court was hearing an application filed in a 2016 PIL concerning manual scavenging. The application highlighted an incident in which two sanitation workers lost their lives while cleaning a septic tank near a school in Patdi, Surendranagar district. According to the petitioner organization, these workers were engaged in manual scavenging on verbal instructions from municipal officers.
During the hearing, the municipality’s counsel referred to an agreement between the Patdi Nagar Palika and the contractor responsible for drainage maintenance. Clause 13 of this contract explicitly stated that manual scavenging was prohibited and that all directives from the Supreme Court must be followed.
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Despite this contractual clause, the court noted that the contractor engaged workers in manual scavenging, leading to their deaths. The court strongly criticized the municipality’s failure to supervise the contractor’s activities.
Quote from Court Order:
"As against the categorical condition of the contract, the contractor had indulged in manual scavenging which has resulted in the loss of lives of two workers. It is pointed by counsel for the petitioner that one of the deceased workers was a minor."
The court further pointed out that the Chief Officer’s affidavit lacked details on how the municipality supervised the contractor’s work. The affidavit also failed to clarify whether due wages were being paid to workers or whether proper age verification was conducted before their employment.
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The court emphasized that the municipality, as the principal employer, was responsible for monitoring the contractor’s actions and ensuring compliance with labor laws.
Court’s Observation:
"The fact that a minor was engaged by the contractor is a serious matter that required the principal employer’s intervention. There is nothing on record to show how supervision of the contractor’s work was conducted."
The court directed the Chief Officer of Patdi Nagar Palika to investigate the entire issue, including the engagement and wage payments of sanitation workers. It also stressed the importance of verifying workers’ ages through official documentation.
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The court questioned the role of the sanitary inspector and supervisor in the incident. It stated that their responsibilities must be examined as they were directly involved in overseeing sanitation operations.
Court’s Statement:
"The role of the sanitary supervisor in this entire episode must be scrutinized. The absolute silence of the Nagar Palika on taking action against those responsible is unacceptable."
The court further observed that, apart from terminating the contractor’s contract, no other punitive measures had been implemented against those accountable.
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The petitioner’s counsel suggested that an aggressive awareness campaign is necessary to prevent repeated deaths due to manual scavenging. The court agreed and stated that municipal commissioners should issue strict directives to ensure compliance.
Court’s Oral Remarks:
"Apart from awareness campaigns, there must also be deterrents. If an agency forces sanitation workers to enter a manhole, the worker must have an immediate complaint mechanism."
The government pleader supported this argument, stating that grievance redressal mechanisms must be strengthened at the municipal level. The court criticized the casual nature of existing contractual terms, noting that municipalities often ignored such incidents.
Court’s Statement:
"Grievance redressal must be established at the municipal level. The Nagar Palika cannot claim ignorance, as media reports and social awareness make it impossible to overlook such incidents."
To address the larger issue of repeated deaths of sanitation workers, the court ordered a brainstorming session at the level of the Commissioner of Municipal Administration. This session will involve heads of local governing bodies to devise permanent solutions.
The court instructed the government pleader to communicate its directive to the commissioner and mandated an affidavit submission detailing the proposed measures. The next hearing on the matter has been scheduled for three weeks later.
Case title: MANAV GARIMA v/s STATE OF GUJARAT & ORS
