A recent order of the Bombay High Court has put Maharashtra’s claim to have eradicated manual scavenging across its districts under the microscope, as court proceedings reveal troubling inconsistencies between official reports and the grim reality faced by some of the state’s most marginalized communities. In its order of August 20, the bench of Justice Nitin Jamadar and Justice MM Sathye noted that despite declarations made in the 2023 by the state alleging that the state has been free of inhumane practice of manual scavenging, evidence presented by concerned petitioners suggests otherwise, casting doubt on the efficacy of the state’s efforts and highlighting the persistent dangers faced by manual scavengers in Maharashtra.
In its order, the bench has not only questioned the validity of these claims but also mandated greater transparency and accountability from the state government, ensuring that the fight against manual scavenging is more than just a paper victory.
A tale of contradictions?
As per the order of the court, the Maharashtra government had, in 2023, declared that 36 districts across the state were free of manual scavenging. The said statement by the state was substantiated by certificates submitted by district collectors to the Union Government. These certificates were presented as evidence of the state’s progress in eliminating the practice, which is not only a social evil but also illegal under the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 (the Act of 2013).
However, the same claim of the government was challenged in court when petitioners presented evidence suggesting that manual scavenging continues unabated in several parts of the state. They cited instances as recent as April and August 2024, where manual scavengers were reportedly involved in sewer cleaning operations—some of which tragically led to fatalities.
“The Petitioners have filed a note giving instances of manual scavenging, and also, reference is made to the query raised by the National Human Rights Commission regarding the death of certain manual scavengers in April 2024. There is a reference to other instances of sewer cleaning in April and August 2024. The Petitioners also contend that if no manual scavenging as contended, then why was compensation given in 81 cases as per the state record itself.” (Para 4)
The petitioners questioned the government’s position while dealing with the issue of manual scavenging, pointing out a glaring inconsistency of how the government can make statements claiming that manual scavenging had been eradicated when data from official records showed that the state paid compensation in 81 cases related to manual scavenging deaths.
In response to the arguments raised by the petitioner, the Government Pleader clarified that the certificates declaring districts free of manual scavenging were based on data from 2022, not the current year.
“Now, it has been clarified by the Government Pleader that the report of the Collector referred only to the position of the year 2022 and not as of today, an inquiry will have to be made regarding the instances of manual scavenging. This is apart from the efforts to ensure that manual scavenging does not take place at all in the first place.” (Para 7)
Based on the same, the court noted in its order that that an inquiry would now be necessary to investigate these recent instances of manual scavenging, indicating that the state’s earlier claims might no longer hold true.
Accountability and transparency: The Court’s directives
The said case has brought the focus back on the definition of manual scavenging as outlined in the Act of 2013, and as interpreted by the Supreme Court. The court reminded the state authorities that any assessment of manual scavenging status must be aligned with this legal framework. To ensure greater accountability, the bench has directed the Maharashtra Social Welfare Department to take several significant steps:
- Transparency in committee composition: The department has been ordered to publish the names and compositions of all committees formed under the Act of 2013 on its website. This includes State, District, and Vigilance Committees, with the exception of ex-officio members. The website is also required to regularly update details of actions taken by these committees, except where such information is sensitive or confidential.
- Public reporting channels: The department must create a dedicated email address for each District Level Committee and Vigilance Committee, along with a social media handle where citizens and NGOs can report instances of manual scavenging. This initiative aims to enhance public participation in monitoring and reporting the practice, ensuring that the Social Welfare Department can fulfil its statutory duty.
- Ensuring vigilance: The Commissioner of the Social Welfare Department, acting as the Nodal Officer, has been instructed to ensure that Vigilance Committees hold their meetings on time, circulate agendas in advance, and report the outcomes for public disclosure.
The court has set a deadline for these measures to be implemented, with the next hearing scheduled for September 9, 2024.
The complete order can be read here.
The unseen toll of manual scavenging
The present Bombay High Court order highlights the stark contrast between the Maharashtra state’s claims and the lived experiences of the marginalised communities in Maharashtra. It serves as a reminder that official declarations of progress are not always reflective of on-the-ground realities, particularly when it comes to deeply entrenched social issues like manual scavenging.
Manual scavenging, banned under the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, continues to claim lives due to inadequate enforcement and systemic negligence. The 81 cases that have been highlighted by the petitioners before the High Court wherein the state has paid compensation reveal the grim reality that this practice is still prevalent in Maharashtra.
It is essential to note that on October 20, 2023, a division bench of the Supreme Court had issued a comprehensive set of fourteen directives aimed at eliminating manual scavenging across the nation. The judgment, authored by former Justice S Ravindra Bhat, underscores the deep-seated stigma and dehumanisation endured by generations of manual scavengers. The Supreme Court’s directives had then emphasised upon the critical importance of implementing the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, and introduce robust measures for the rehabilitation of victims and their families. A key aspect of these directives is the significant increase in compensation for injuries or fatalities endured by manual scavengers, reflecting the need for justice and recognition of their plight. (Details may be read here.)
The court’s order for transparency, accountability, and public involvement is a critical step towards addressing these systemic failures. By ensuring that the government’s claims are subjected to public scrutiny and that the voices of those on the ground are heard, there is hope for real change. However, for this to happen, the state must go beyond mere compliance with court orders; it must commit to a sustained and genuine effort to eliminate manual scavenging and protect those who are still being forced into this deadly work.
It is important to highlight that on July 24, 2024, during a session of the Rajya Sabha, TMC MP Saket Gokhale raised an unstarred questions regarding the total number of manual scavenging incidents reported in the country over the last five years, along with cases reported through the ‘Swachhata Abhiyan’ Mobile App from 2020 onward. In response, the Minister of State for Social Justice and Empowerment, Ramdas Athawale, had stated that there has been “no report of the practice of manual scavenging in the country in the last five years.” He further noted that of the 6,256 cases uploaded on the mobile app from 114 districts, all were verified and none were found to be credible. (Details may be read here.)
The judgments of the Constitutional Courts remind us that the fight against manual scavenging is not just about law enforcement; it is about restoring dignity and humanity to those who have been oppressed for centuries.
Related:
Union Minister says no report of manual scavenging in last 5 years
Zero reported deaths due to manual scavenging: Ramdas Athawale