Shramik Janata Sangh Thr Its General Secretary And Ors vs State Of Maharashtra Thr The Secretary Dept Of Social Justice And Special Assistance And Ors
- Court
- Bombay High Court
CNR No : HCBM010044122023
2026:BHC-AS:36223-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1570 OF 2023
1. Shramik Janata Sangh
(Registered Union with Regn. No.
5073, Through, Its General
Secretary Shri Jagdish Khairaliya,
Having its office at Haji Habib
building, 'A' Wing, 1" Floor, 182,
Naigaon Cross road, Dadar (East),
Mumbai-400014;
2. Raju Prabhakar Madhve,
Aged about 50 years, R/o Shri
Siddhi Apartment, Umberli Village,
In front of Saidhara Tower,
Manpada, Dombivili (East), Thane.
3. Shreyas Pande,
S/o Sanjay Pande, Aged 23 years,
R/o 24/A Govind Vatsal
Appartment, Tilak Nagar, Nagpur,
Maharashtra.
.. Petitioners
Versus
1. State of Maharashtra
Through the Secretary,
Department of Social Justice and
Special Assistance, 1st Floor,
Annex Building. Mantralaya,
Madam Cama Road, Hutatma
Rajguru Chowk,
Nariman Point, Mumbai 400032
2. Thane Municipal Corporation,
Through the Commissioner, New
Administrative Building, Chandan
Wadi, Pachpakhadi, Mahapalika
Bhavan Rd, Thane West, Thane,
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Maharashtra 400602
3. District Magistrate, Collectorate,
Court Naka, Adv Prabhakar Hegde
Rd, Kharkar Alley, Thane West,
Thane, Maharashtra 400601
4. The Commissioner of Police,
Thane Police Commissioner Office,
Near Kalwa Bridge, Thane
5. Commissioner Social Welfare,
Commissionerate of Social Welfare,
3 Church Road, Agarkar Nagar,
Pune, Maharashtra - 411 001
.. Respondents
…
Ms. Gayatri Singh, Senior Advocate a/w Ms. Sudha Bharadwaj
and Mr. Khalil Rehman, for the Petitioners.
Mr. A.S. Rao, for Respondent No.2-TMC.
Mr. O.A. Chandurkar - Addl. G.P. a/w Smt. S. A. Prabhune, AGP
for the Respondent-State
...
CORAM : BHARATI DANGRE &
MANJUSHA DESHPANDE, JJ.
st
RESERVED ON : 01 APRIL, 2026
th
PRONOUNCED ON : 13 AUGUST, 2026
Judgment [Per Manjusha Deshpande, J.]:-
1. Rule. Rule made returnable forthwith and heard finally
with the consent of the parties.
st
2. In the 21 Century, we boast about reaching the other
side of the Moon, yet the hard reality that stares us in the face
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is that the social evil of the caste system is still followed in our
country, which forces some of our citizens to do work that is
below human dignity. Though the Constitution guarantees all
its citizens, equality before the law and equal protection of the
law, even after 75 years of adopting the Constitution, our
Country is not free from the social evil that has haunted us for
ages. Manual Scavenging is one such practice, which is still
followed in our Country, which forces a particular class of
community to undertake this inhumane practice for
generations, inspite of prohibition imposed on it by various
Judicial Pronouncements of the Hon’ble Supreme Court and
statutes prohibiting such practice. One such Government
Resolution issued by the State Government is the subject
matter of the Present Writ Petition.
3. The Petitioners, in this Writ Petition are seeking
directions to quash and set aside the Item No. 11 of the
Government Resolution dated 12.12.2019, which determines
the Competent Authorities for payment of compensation, and
makes the private individuals/societies liable for payment of
compensation on the death of manual scavengers instead of
State/Local Authorities.
The Petitioners are the citizens of this country who are
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striving hard for the betterment of the deprived class of
society, who are still forced to undertake the work of manual
scavenging and cleaning of sewers. Petitioner No. 1 is the
registered All India Trade Union, also operating in the State of
Maharashtra. Petitioner No. 2 is the father of a Safai Worker,
who lost his life while undertaking hazardous cleaning of a
septic tank on 29.03.2022 at Grace Square Society, Kausa,
Mumbra, Mumbai. Petitioner No. 3 is a writer by profession
and also a volunteer of a Youth Organization working for
social causes including human rights.
4. The Petitioners have filed this Writ Petition on the
background of the failure of the State/Local Authorities to
implement the provisions of “Prohibition of Employment as
Manual Scavengers and their Rehabilitation Act, 2013” (for
short “the Act of 2013”), which was adopted by the State of
Maharashtra, which aims to prohibit the social evil of Manual
Scavenging. The Union Government notified Rules under the
said Act of 2013 on 12.12.2013. The said Rules are also
applicable to the State of Maharashtra, since no separate rules
are notified by the State of Maharashtra as mandated in
Section 37(b) of the Act of 2013. Chapter II of the said Rules
lay down safety procedures and safety equipment required to
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be used and maintained while engaging in hazardous cleaning.
These Rules make it mandatory for the Local Authority to
ensure that, the cleaning devices as mandated in the Rules,
are used by persons engaged in cleaning sewers or septic
tanks.
5. The Hon’ble Supreme Court, while pronouncing on the
said issue has passed a detailed judgment on 27.03.2014 in the
case of Safai Karamchari Andolan & Ors. Vs. Union of India &
1
Ors. . During the pendency of the said Writ Petition, before the
Hon’ble Supreme Court, the Act of 2013 was enacted. Taking
into consideration that the Act of 2013 was sufficient to take
care of the issue pending before it, the Hon’ble Supreme Court
after appreciating the provisions of the said Act, issued
directions to all the State Governments and Union Territories
to fully implement the Scheme under the Act of 2013, and take
appropriate action against, the non-implementation as well as
violation of the provisions contained in the Act of 2013. It is
observed in the said order that, since the Act occupies the
entire field, no further monitoring is required by the Court.
Thereafter, the Ministry of Housing and Urban Affairs,
Government of India has issued a “Standard Operating
Procedure for the Cleaning of Sewers and Septic Tanks”
1 (2014) 11 SCC 224
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(“SOP”), wherein the responsibility of the Urban Local Bodies
has been set out. The SOP provides that only Registered
Agencies/Contractors/Employers with certain eligibility,
requirements and responsibilities may carry out such work;
and where both the mechanical and manual process are
delineated in great detail including methods, use of protective
gear and safety devices, precautions to be taken and
emergency preparedness.
6. It is the grievance of the Petitioners that, the Respondent
Authorities - the contractors/employers are not following this
SOP, thereby subjecting Sanitation Workers to fatal risks of
hazardous cleaning. The Respondent Authorities have failed to
implement the provisions of the Act, Rules made thereunder,
as well as the SOP, and they continue to engage workers in
hazardous cleaning of tanks and sewers which has resulted in
death of number of workers. When the information regarding
the list of contracts, contractors and workers employed by the
Respondents for manual scavenging was called under the
Right to Information Act, 2005, it is informed vide letter dated
20.04.2021, that no contractor has been employed for manual
scavenging, however, a list of 18 Sewer Work Contracts has
been provided, which, according to the Petitioners, is sufficient
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to establish that Respondent No. 2 Municipal Corporation
engages in manual scavenging.
7. Heard learned Senior Counsel, Ms Gayatri Singh,
representing the Petitioners, Mr. A. S. Rao, learned counsel
representing Respondent No. 2- Municipal Corporation and
Mr. O. A. Chandurkar, learned Addl.G.P. representing the State.
Learned Senior Counsel, Ms Gayatri Singh appearing for
the Petitioners submits that, on the aforementioned
background, an incident is reported within the jurisdiction of
Respondent No. 2- Municipal Corporation on 09.05.2019.
While carrying out cleaning of an STP tank (sewers and septic
tank) in Pride Presidency Luxuria Housing Society, Thane
(West), three workers, namely, Amit Puhal, Aman Badal and
Ajay Bumbak died due to asphyxiation from inhaling
poisonous gases. Out of eight sanitation workers employed for
the work, three succumbed to the poisonous gases. Enquiry
revealed that permission of the Respondent No. 2 was not
obtained for the said work, nor information about the said
works was given; no protective gear or safety equipment was
provided by the employer to the workers for execution of the
work. Inspite of best of the efforts made by the family
members of the deceased sanitation workers, who lost their
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lives and who were their only breadwinner, they were unable
to secure any compensation, rehabilitation or jobs, as provided
under ‘the Act of 2013’.
The representatives of Petitioner No. 1 - Union met the
Collector, Thane and brought to his notice the judgment of the
Hon’ble Supreme Court dated 27.03.2014 in Safai Karamchari
Andolan & Ors (supra) . Since the Petitioners’ efforts did not
prove to be successful, Petitioner No. 1 and other social
organizations held a peaceful Dharana at Thane Collectorate
on 13.08.2019, and handed over the memorandum addressed
to the Chief Minister of Maharashtra, for their demand to issue
appropriate Government Resolution for implementation of the
judgment of the Hon’ble Supreme Court dated 27.03.2014.
Consequently, the Government Resolution dated 12.12.2019
was issued, whereby the Authorities for making payment of
compensation to the dependants of sanitation workers who
died while engaged in hazardous cleaning of sewers/septic
tanks is notified.
The learned Senior Counsel submits that, the
Government Resolution dated 12.12.2019, while fixing the
responsibility on the officers responsible for making payment
of compensation, a chart is provided wherein the sanitation
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workers are categorized according to the jurisdiction where
the accident has occurred, while executing the work of
cleaning sewers. This categorization is also based on the
employer, who appointed them and the responsibility of
making payment of Compensation of Rs.10,00,000/- has been
fixed on the Competent Authority given in the third column of
the said chart. The responsibility in case of a workman, who is
employed by the Municipal Corporation on their regular
establishment on contract basis, daily wages etc. The
Commissioner of Municipal Corporation, has been made
responsible for making such payment. Similarly, in case of
Municipal Councils, the Chief Officer is responsible. In case of
Zilla Parishad/Panchayat Samiti/Gram Panchayat, it is the
responsibility of the Chief Officer, Zilla Parishad to make
payment from the funds of Zilla Parishad. Similar is the case
with the Government establishment/Government
undertakings/semi Government Organization, in all the cases,
the respective Heads of the department have been made
responsible for making such payment, which facilitates the
victim for early disbursement of the compensation. Exception
is Item No. 11 of the said chart, which governs the ‘sanitation
worker’ employed by private Individual/Society/Institutions. It
fastens the responsibility on the collector of district to ensure
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that, the dependants of victim receive compensation which
shall be paid from the funds of private employer.
8. The Petitioners are therefore taking exception to Item
No. 11 of the chart, of the said Government Resolution, which
according to the learned Senior Counsel, is contrary to the
directions issued by the Hon’ble Supreme Court. This clause
does not come to the aid of the sanitation workers engaged by
the private contractors in any manner, and it does not
facilitate the family members of the victim of sewer deaths, in
availing the prompt and effective relief and rehabilitation.
According to the learned Senior Counsel, the Hon’ble
Supreme Court has fixed the responsibility on the Union, Union
Territories and State Government, which is done away with by
fastening responsibility on the private contractors/employers,
by including Item - 11 in the said Government Resolution.
It is submitted that the State Government has also issued
Government Resolution dated 30.01.2020, issuing directions
for the effective implementation of the ‘Act of 2013’. Directions
have been issued to all the Local Bodies to scrupulously follow
the mandate of Act of 2013, alongwith the directions issued by
the Hon’ble Supreme Court in Writ Petition No. 583 of 2003.
This very Government Resolution contains directions to the
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Local Bodies, to identify the families of all the persons who
have died in sewage work (manholes/septic tanks) since 1993
onwards and make payment of compensation of Rs.10,00,000/-
each to the dependants of such sanitation worker. Similarly,
directions are issued to scrupulously follow the SOP issued for
use of safety gears while cleaning the manholes and the septic
tanks. It also mandates establishment of the “Emergency
Response Sanitation Unit” (“ERSU”). This ERSU would be
responsible for ensuring the implementation of SOP and filing
of criminal complaints against the responsible person in case
of death of a sanitation worker. The Local Authority is also
bound to ensure that the workers doing such work are insured
to the extent of Rs.10,00,000/- for which the premium shall be
paid by the employer.
9. The learned Senior Counsel submits that, irrespective of
aforementioned directions issued by the Hon’ble Supreme
Court and Policy decision taken vide Government Resolution
dated 12.12.2019, there are continuing incidents of death of
the sanitation workers, while carrying out the hazardous
cleaning in septic tanks within the jurisdiction of Respondent
No. 2. Pursuant to the death of two sanitation workers, FIR
No. 288 was lodged in the Police Station at Mumbra on
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01.04.2022. Neither the contractor nor the concerned officials
of the Respondent No. 2 - Thane Municipal Corporation, have
been arraigned as accused in the FIR, despite the fact that, due
to failure of their statutory duties, the incident resulting in
death of these two sanitation workers had occurred. It is
submitted that consistent efforts were made through
Petitioner Nos. 1 and 3 alongwith other social organizations to
secure Compensation and Rehabilitation to the dependants of
the Victim Sanitation Workers and strict compliance and
implementation of the “Prohibition of Employment as Manual
Scavengers and their Rehabilitation Act, 2013”, as well as the
SOP issued in November 2018, with a request to immediately
sanction Rs.10,00,000/- to each of the families and their
Rehabilitation as per the judicial pronouncement of the Apex
Court but in vain.
10. It is further submitted that on 20.04.2022, the
Petitioners have prepared a comprehensive representation
enclosing the list of 14 manual scavengers, who died in the
sewers between 2016 to 2019, amongst whom, only four have
received compensation of Rs.10,00,000/- as directed by the
Hon’ble Supreme Court, and none of the family members have
been rehabilitated. A demand is made for conducting survey of
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manual scavengers in the jurisdiction of the Respondent No. 2 -
Corporation and to constitute District and Sub-Divisional Level
Vigilance Committees as contemplated in the ‘Act of 2013’. In
response to this representation of the Petitioners dated
20.04.2022, Respondent No. 2-Corporation has replied inter-
alia stating that, the incident of death of three sanitation
workers has occurred in a private housing society due to
inhalation of noxious gases, since the workers were engaged
through a private contractor, the liability of payment of
compensation of Rs.10,00,000/- to the dependants of workers
would rest with the society. Since this compensation has not
been paid within 30 days, Respondent No. 2-Corporation has
passed a resolution to pay compensation and recover it from
the concerned society.
A similar incident has also occurred in another private
society resulting into death of two more workers, when a
demand is raised for the compensation from Respondent No. 2,
the dependants have been informed that, they should obtain
heirship certificate, so as to process their demand for the
compensation. This conduct of Respondent No. 2, according to
the Petitioners, is contrary to the directions issued by the
Hon’ble Supreme Court, in its judgment dated 27.03.2014. Due
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to such callous attitude of the Municipal Corporation, the
families of the victims are made to run from pillar to post, to
obtain succession certificates and incur expenses by engaging
lawyers, which is beyond their means. On the aforementioned
background, the Petitioners have approached this Court
seeking following reliefs:
“A. That this Hon'ble Court be pleased to quash and set
aside that part of the GR dated 12.12.2019, namely Item
No. 11 of the Chart which determines the Competent
Authorities for payment of compensation, which makes
private societies liable for compensation for the death of
manual scavengers instead of state local authorities,
Or
In the alternative, to read down the said Item No. 11 to
hold the State/ Local authorities liable for compensation
for the death of manual scavengers.
B. That this Hon'ble Court be pleased to issue a writ of
mandamus or writ, order or direction in the nature of
mandamus directing Respondent No.1 /No.2 to pay
compensation of Rs. 10 lakhs along with interest to the
families of the deceased workers mentioned at Exhibits
A and Band to rehabilitate the families of the deceased;
C. That this Hon'ble Court be pleased to issue a writ of
mandamus directing the Respondents No. 1, 2 and 3 to
identify all persons who have died in the State of
Maharashtra while engaged in hazardous cleaning of
sewers/ septic tanks since 1993 within a period of 6
months and proceed to pay cash compensation of Rs. 10
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lakhs to their families in a time bound manner;
D. That this Hon'ble Court be pleased to issue a writ of
mandamus directing Respondent No. 1 to notify and
constitute a Vigilance Committee for each district and
Sub Division consisting of four social workers including
from SC/ST working for the prohibition of manual
scavenging and rehabilitation of manual scavengers, or
representing the scavenging community of whom two
would be women;
E. That this Hon'ble Court issue a writ of mandamus, or
writ, order or direction in the nature of mandamus
directing Respondent No. 4 to issue guidelines to
institute FIRs by ensuring that the officials of statutory
bodies responsible for ensuring implementation of the
provisions of the Act are also implicated, and action,
both civil and criminal is taken against them;
F. That this Hon'ble Court be pleased to direct the
Respondent No. 2 to submit mit a time-bound plan for
surveying, and subsequently ensuring the appropriate
upgradation of all existing sewerage systems including
sewers/ septic tanks/ gutters and nullahs within its
jurisdiction, within a period of 3 years, in such a
manner that all cleaning can take place mechanically
and the very necessity of sanitation workers entering
sewers/ septic tanks/ gutters and nullahs to engage in
hazardous cleaning or manual scavenging does not at
all arise.
G. That this Hon'ble Court be pleased to issue a writ of
mandamus or writ, order or direction in the nature of
mandamus directing the Respondent No.2 to stop, with
immediate effect, engaging or employing, directly or
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indirectly, including by any private occupier or society,
any person for the hazardous cleaning of a sewer or
septic tank, except unless the following conditions are
complied with:
i. Permission has been granted by the Respondent
Corporation by recording the specific and valid
reasons for the same in writing;
ii. The Employer provides the mandatory safety
gear prescribed in Chapter II of Rules under the
2013 Act to the person entering the sewer/ septic
tank/ gutter or nullah;
iii. The Employer has conducted all the mandatory
tests prescribed in Chapter II of the Rules under
the 2013 Act to be carried out, prior to any person
entering a sewer or septic tank;
iv. and the Employer has all the mandatory safety
equipment and emergency services prescribed in
Chapter II of the Rules under the 2013 Act, ready
and available, whenever any person enters a sewer
or septic tank.”
11. After filing of the Writ Petition and its hearing before this
Court from time to time, various documents have been placed
on record by the respective parties. However, the core issue in
the present Writ Petition remains to be Item – 11 of the
Government Resolution dated 12.12.2019, which fastens
responsibility on the private Contractor/Employer to make
payment of compensation to dependants of sanitation workers
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who were engaged through the private contractors.
The Respondent No. 2 - Corporation has filed reply
affidavit through Mr. Vikas Dhole, Deputy City Engineer,
Sewerage Department, Thane Municipal Corporation. Mr. A.S
Rao Counsel for the Respondent No. 2 states that, pursuant to
the Government Resolution dated 12.12.2019, the General
Body of Respondent No. 2- Corporation has passed a resolution
providing Standard Operating Procedure for providing
immediate financial assistance of Rs.10,00,000/- by private
housing society, who appoint the sanitation workers on
contract, for cleaning sewage treatment plant/tank etc. In
case of failure to provide the financial assistance immediately,
the Municipal Corporation shall provide such assistance to the
dependants of the deceased and later on recover the amount
from the concerned housing society/private establishment in
the form of property tax.
It is submitted that, of the two victims of an incident that
occurred at Grace Square Housing Society on 29.03.2022, one
of the victims has already been issued a cheque of
Rs.10,00,000/-. So far as the second victim is concerned, the
legal heirs of the victim have been called upon to submit the
heirship certificate, after which the amount of Rs.10,00,000/-
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shall be disbursed.
12. The State of Maharashtra has also filed reply to the Writ
Petition through the Secretary, of the Social Justice and
Special Assistance Department, Mantralaya Mumbai. This
affidavit has been filed in response to the order passed by this
Court on 16.04.2024, calling upon the Secretary of the Social
Justice and Special Assistance Department, to appoint a Nodal
Officer, who will in turn call for information from all the Local
Authorities in the State of Maharashtra, the District
Magistrates, Monitoring and Survey Committees and other
functionalities. It is stated that, as per the directions issued by
this Court on 02.05.2024, the Commissioner of Social Welfare,
Pune, has been appointed as a Nodal Officer for collecting
information from the Local Authorities. It is informed that, the
State Monitoring Committee and Vigilance Committee have
been constituted by the State of Maharashtra, vide notification
dated 31.07.2019, and communications have been addressed to
the Principal Secretary, Urban Development Department to
furnish information in respect of the survey of insanitary
latrines and provision of sanitary community latrines by the
Local Authority as per Section 4 of the Act of 2013. On
receiving such information, the Urban Development
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Department shall file further affidavit.
13. The subsequent affidavit dated 04.07.2024 contains the
details and information of the District Level Vigilance
Committee, Sub-Divisional Vigilance Committee, report of
survey of the insanitary latrines conducted by the Local
Authorities under Section 4 of the Act of 2013, the information
of survey of manual scavengers under Section 11 of the Act of
2013, alongwith the details of the action taken on the
applications received from the Urban Manual Scavengers for
identification as per Section 12 of the Act of 2013.
This affidavit also contains the information regarding
rehabilitation of persons identified as manual scavengers by
the Local Authorities under Section 13 of the Act of 2013. It
contains information from the seven revenue divisions of the
State of Maharashtra. It is stated that total 81 cases of death
of Manual Scavengers has been reported till the date of filing of
the affidavit. An amount of Rs.8 crores and 10 lakhs has been
disbursed amongst the dependants of 81 victims of Manual
Scavenging (at the rate of Rs.10,00,000/- per deceased), as
such, there is no single case pending till the date of filing of the
affidavit. This compensation has been paid by the Department
of Social Justice and Special Assistance and the Local Self
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Bodies as well as the contractors.
14. Mr. O.A. Chandurkar, learned Addl.G.P, relying on the
affidavit of Respondent No. 1 would submit that the Local Self-
Government, Contractors and Private Individuals have been
assigned the responsibility of providing compensation to the
dependant family members of the victims of Manual
Scavenging as per the Government Resolution dated
12.12.2019. It is submitted that, directives have also been
issued to establish appropriate protocols to the contractor or
external source in question over contract cancellation,
imposition of monetary damages etc.
He further submitted that 36 Districts in the State of
Maharashtra have been declared as free from Manual
Scavenging. Certificates issued by the respective Collectors
have been submitted to the Deputy Secretary, Government of
India by the Commissionerate on 02.08.2023. It is submitted
that, in view of the steps taken by the State Government and
the Local Authorities, in furtherance of the object of the Act,
nothing survives in the present Writ Petition.
15. At this juncture, we may as well take note of the order
passed by this Court on 20.08.2024. This order has been
passed, after appreciating the affidavit filed by the State on
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04.07.2024, as referred hereinabove. When this Court had
called upon the State Authorities to confirm, before proceeding
further in the matter, whether the stand of the State
Government that all the Districts in the State of Maharashtra
are free from Manual Scavenging was still being asserted. The
learned Government Counsel had sought time to confirm the
same. When the matter was heard on 20.08.2024, a statement
is made by the learned Government Counsel that, the position
as existing on the date of issuance of certificates declaring the
36 Districts free from Manual Scavenging, has been made as
per the position that existed then and not the position as it
stands today. The certificates to the effect have been submitted
to the Union Government on 02.08.2023, whereas the affidavit
has been filed on 04.07.2024.
During the hearing before this Court on 20.08.2024, the
Petitioners have given instances of continued Manual
Scavenging in April and August 2024. It is contended that, the
stand of the State is contrary to the record; on one hand, it is
claimed that the State is free of Manual Scavenging, and on the
other hand, it is claimed that compensation is disbursed to the
81 cases as per the own record of the State.
On 20.08.2024, this Court has issued directions to the
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Social Welfare Department to publish composition of all the
Committees-State, District and Vigilance Committees with the
names of the members on the website. The information about
these Committees and the action taken by them in furtherance
of the Act of 2013, was directed to be regularly updated. Time
was granted to the learned Government Counsel to issue
necessary directions for implementation of the
aforementioned directions.
Further directions are also issued to create a social
media handle, where citizens and non-government
organization can report instances of manual scavenging, which
the District Level Committee and the Vigilance Committee can
examine, which would facilitate the Social Welfare Department
in discharging their statutory duty.
16. During the pendency of the present writ petition, various
orders have been issued by this Court from time to time.
Pursuant to those orders, victims engaged in hazardous
cleaning have already been extended the benefit of
compensation. We, therefore, do not propose to revisit that
aspect. In view of the aforementioned observation, it is
necessary to examine which of the prayers made in the Writ
Petition still need consideration. It would, therefore, be
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necessary to appreciate various policy decisions taken by the
Central Government as well as the State Government, along
with the directions issued by the Hon’ble Supreme Court as
well as this Court from time to time. Accordingly, we confine
ourselves to the larger issue canvassed before us in the
present Writ Petition.
The practice of manual scavenging has been in existence
in our country since time immemorial. For the first time,
taking cognizance of this social evil prevalent in the country,
which forced a particular community to do the menial task of
manual scavenging, the Central Government, with a view to
emancipate those trapped in this social evil, constituted a
Special Commission for Safai Karamcharis in the year 1993, to
give its recommendations to the Government regarding
specific programmes for the welfare of the sanitation workers.
In the same year, the parliament enacted the “Employment of
Manual Scavengers and Construction of Dry Latrines
(Prohibition) Act, 1993”; with an object: for abolishing manual
scavenging by declaring employment of manual scavengers,
for removal of human excreta an offence and thereby ban
further proliferation of dry latrines in the country. This has
been done with an object of protecting and improving the
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human environment, to make it obligatory to convert dry
latrines into water-seal latrines or to construct water-seal
latrines in new construction. It was found that the Act of 1993,
was not adequate for eliminating the twin evils of insanitary
latrines and manual scavenging, therefore, the Act of 2013, i.e.
“The Prohibition of Employment as Manual Scavengers and
their Rehabilitation Act, 2013”, has been enacted by the
Parliament with an object to eliminate dry latrines, manual
scavenging and to rehabilitate the manual scavengers to
alternate occupation.
After enactment of the Act of 2013, Rules have been
notified by the Central Government laying down the safety
measures and procedures for implementation of the said Act.
After coming into force of the Act of 2013, the Hon’ble
Supreme Court disposed of the case of the Safai Karamchari
Andolan & Ors. (supra) , pending before it after taking into
consideration the provisions of the Act of 2013. Though the
Writ Petitions pending before it have been disposed of, certain
directions have been issued by the Hon’ble Supreme Court
while disposing the Writ Petitions in paragraph 23, which
reads thus:
“23. We have already noted various provisions of the
2013 Act and also in the light of various orders of this
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Court, we issue the following directions:
23.1. The persons included in the final list of manual
scavengers under Sections 11 and 12 of the 2013 Act,
shall be rehabilitated as per the provisions of Chapter
IV of the 2013 Act, in the following manner, namely:
(a) such initial, one-time cash assistance, as may be
prescribed;
(b) their children shall be entitled to scholarship as
per the relevant scheme of the Central Government
or the State Government or the local authorities, as
the case may be;
(c) they shall be allotted a residential plot and
financial assistance for house construction, or a
ready-built house with financial assistance, subject
to eligibility and willingness of the manual
scavenger as per the provisions of the relevant
scheme;
(d) at least one member of their family shall be
given, subject to eligibility and willingness, training
in livelihood skill and shall be paid a monthly
stipend during such period;
(e) at least one adult member of their family shall
be given, subject to eligibility and willingness,
subsidy and concessional loan for taking up an
alternative occupation on sustainable basis, as per
the provisions of the relevant scheme;
(f) shall be provided such other legal and
programmatic assistance, as the Central
Government or State Government may notify in
this behalf.
23.2. If the practice of manual scavenging has to be
brought to a close and also to prevent future
generations from the inhuman practice of manual
scavenging, rehabilitation of manual scavengers will
need to include:
(a) Sewer deaths — Entering sewer lines without
safety gear should be made a crime even in
emergency situations. For each such death,
compensation of Rs 10 lakhs should be given to the
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family of the deceased.
(b) Railways — Should take time-bound strategy to
end manual scavenging on the tracks.
(c) Persons released from manual scavenging
should not have to cross hurdles to receive what is
their legitimate due under the law.
(d) Provide support for dignified livelihood to safai
karamchari women in accordance with their
choice of livelihood schemes.
23.3. Identify the families of all persons who have died
in sewerage work (manholes, septic tanks) since 1993
and award compensation of Rs 10 lakhs for each such
death to the family members depending on them.
23.4. Rehabilitation must be based on the principles of
justice and transformation.”
In paragraph 23.3, directions have been issued to
identify the families of all the persons, who died in sewer
works since 1993 and award them compensation of
Rs.10,00,000/- each to the family members. A duty is cast on
all the States and the Union Territories to fully implement the
aforementioned Act and the directions issued by the Hon’ble
Supreme Court.
17. After the Pronouncement of judgment of the Hon’ble
Supreme Court in case of the Safai Karamchari Andolan & Ors.
(supra), yet another judgment has been pronounced by the
Hon’ble Supreme Court in the case of Dr. Balram Singh Vs.
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2
Union of India & Ors. , wherein directions have been issued for
proper implementation of the Act of 2013, with further
directions that the application of the protection under the said
Act of 2013 shall be extended even for the protection and
benefit of the rights of the sewer workers and those who die
during cleaning of septic tanks and sewers. Most importantly,
the limit of Rs.10,00,000/- fixed in the earlier judgment of the
Hon’ble Supreme Court, has been enhanced to Rs.30,00,000/-
towards compensation in case of death of sewer workers.
Besides enhancing the compensation and making it applicable
even to the sewer workers, apart from this there are some
more directions issued by the Hon’ble Supreme Court for the
effective implementation of the Act of 2013. The directions
contained in paragraph 97.4 of the said judgment are
reproduced hereunder, which reads thus:
“97.4. The Court hereby directs the Union and the
States to ensure that the compensation for sewer deaths
is increased (given that the previous amount fixed i.e.
Rs 10 lakhs) was made applicable from 1993. The
current equivalent of that amount is Rs 30 lakhs. This
shall be the amount to be paid, by the agency concerned
i.e. the Union, the Union Territory or the State as the
case may be. In other words, compensation for sewer
deaths shall be Rs 30 lakhs. In the event, dependants of
any victim have not been paid such amount, the above
amount shall be payable to them. Furthermore, this
shall be the amount to be hereafter paid, as
compensation.”
2 (2024) 11 SCC 601
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(Emphasis supplied by us)
18. After hearing the respective parties and perusing record
with the orders passed by this Court from time to time, we find
that despite the comprehensive Act of 2013, which prohibits
employment of Manual Scavengers and makes the
rehabilitation of their dependants mandatory, the provision of
this Act and the Rules made in that behalf are not being
followed by the State Government, as well as the Local
Authorities in its true spirit, which can be gathered from the
affidavit filed by the State Government, which contains the
data of reported deaths, on account of manual scavenging till
date of filing the affidavit, i.e. up to 04.07.2024. Thus, it can be
inferred that the State is not successful in fully eradicating the
social evil, i.e. of manual scavenging which is prohibited under
the Act of 2013.
19. The prayer clause - B of the Writ Petition seeks a relief of
issuing directions to pay Rs.10,00,000/- alongwith interest to
the family of the deceased workers enlisted at Exhibit A and B,
and to rehabilitate the families of such deceased workers.
Table at Exhibit- A annexed to the Writ Petition contains
names of victim sanitation workers since 2016 till the date of
filing of the Writ Petition on 26.09.2022. This table contains
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names of nine employees, whose death has occurred, while
working as sanitation workers, which entitles the dependants
of these victims to receive compensation of Rs.10,00,000/-
each. The affidavit filed by the State Government contains the
list of 81 family members of the deceased Sanitation workers
who have received the compensation. On perusal of the list
which is annexed at Exhibit D of the affidavit filed by the State,
we find that names of six persons in the list at Exhibit A to the
Petition is included in the list of beneficiaries, who have
received an amount of Rs.10,00,000/- each. As regards the
names contained in list at Exhibit B to the Writ Petition, three
names are shown to have received partial compensation,
amongst which, two names are included in the list of persons
who have received full compensation.
From the aforementioned information contained in the
affidavit of the State, we find that in majority of cases
compensation is paid to the family members of the deceased.
20. At this juncture it is necessary to take note of the
decision in case of Dr. Balram Singh (supra), wherein
directions have been issued by the Hon’ble Supreme Court to
the States and Union Territories to ensure that compensation
for sewer deaths is enhanced to Rs.30,00,000/- and in the
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event, the dependants of any victim were not paid such
amount, the above amount shall be payable to them. Thus,
from the data provided by the State Government in their
Affidavit, it appears that, there is partial compliance of the
order, so far as compensation is concerned, since the names of
three victims in Table at Exhibit A and one victim at
Exhibit B, does not appear in the consolidated list of
beneficiaries provided by the State Government.
21. The Petitioners are also seeking directions to the
Respondent No. 1 to constitute Vigilance Committee for each
District and Sub-Division, consisting of four social workers
including SC/ST members, working for prohibition of manual
scavenging, represented by at least two women from that
community. In the detailed affidavit filed by the State it is
stated that, the State Monitoring Committee has been
constituted in the State of Maharashtra by notification dated
31.07.2019. The District Level Committees have been
constituted in all the 36 Districts of the State of Maharashtra
alongwith 180 Sub-Division Level Vigilance Committees under
Section 24(1) and 24(3) of the Act of 2013. The composition of
the said Committee is in accordance with the provisions of the
Act of 2013. Thus, in our view, since the Vigilance Committee
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as well as the District and Sub-Division Level Committees have
already been constituted as per the provisions of the Act of
2013, and the directions have been issued by this Court, vide
its order dated 20.08.2024, to the State Government to
publish the names of the Committee members and update the
information on the dedicated website, it sufficiently satisfies
the grievance of the Petitioners.
22. So far as the prayer of the Petitioners to issue directions
to Respondent No. 4 to institute FIRs against the Statutory
Bodies for ensuring implementation of the provisions of the
Act of 2013, and implicate them by taking civil and criminal
action is concerned, a Government Resolution dated
30.01.2020, issued by the Urban Development Department in
furtherance of the directions given by the Hon’ble Supreme
Court and the National Commission for Scheduled Caste, takes
care of the action to be taken by the Local Authorities by
establishing, the Emergency Response sanitation Unit (ERSU).
In case of any untoward incident resulting in death of a
sanitation worker, it would be responsibility of this ERSU to fix
the responsibility and file criminal complaints against the
concerned person. Thus, this Government Resolution takes
care of the relief sought by the Petitioners.
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23. It is also the grievance of the Petitioners that, inspite of
issuance of the Standard Operating Procedure (‘SOP’) issued
by the Ministry of Housing and Urban Affairs, Government of
India, for cleaning of sewers and septic tanks, in which roles
and responsibilities of the Urban Local Bodies has been clearly
set out, which prohibits manual processes and makes it
mandatory to carry out the work of cleaning/desilting, the
sewers and septic tanks with the aid of machines, by ensuring
safety of the workers who are executing such hazardous work
is not followed, which results in accidents and deaths of the
workers who are engaged in such work.
In the aforementioned background, the Petitioners are
seeking directions to Respondent No. 2 to stop engaging or
employing directly or indirectly, including private occupier or
society, any person for hazardous cleaning, without following
the necessary conditions such as prior permission of the Local
Authority, provision of safety gears as prescribed in Chapter II
of the Rules of 2013, ensuring that the employer has conducted
all the mandatory tests prescribed in chapter II of the Rules
under the Act of 2013, to be carried out prior to entry of any
person in the sewer or septic tank. The employer has to
ensure mandatory safety equipments and emergency services
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are readily available all the time.
So far as these prayers are concerned, the PEMSR Rules
of 2013, takes care of the above prayers made by the
Petitioners, which makes it obligatory on the employer to
provide protective and safety gears and devices to the persons
engaged to clean a sewer or septic tank. Rule 4 of the Rules of
2013, ensures safety of the person engaged in such works.
Even, the Government Resolution dated 30.01.2020
issued by the Urban Development Department, State of
Maharashtra ensures the strict implementation of the SOP as
well as the implementation of the Act of 2013. Emergency
Response Sanitation Unit (ERSU) is directed to be established
within the urban areas, who are made responsible for
implementation of the directions given in the Government
Resolution. Which ensures that only trained persons, certified
by the ERSU shall enter the sewers equipped with Personal
Protective Equipment (PPE) kits and no other person is
permitted to entry. Directions are issued to encourage cleaning
of sewers and septic tanks with the aid of machines and
mechanical gadgets.
In view of the aforementioned policy decision taken by
the State Government in furtherance of the Act of 2013, as
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well as the decisions of the Hon’ble Supreme Court in case of
Safai Karamchari Andolan & Ors. and Dr. Balram Singh
(supra), we find that some of the prayers of the Petitioners are
already complied with and do not need any further orders.
24. However, after hearing the parties at length and on
perusing the various orders passed by this Court from time to
time and the affidavits filed by the Respondents in response to
the orders passed by this Court, we find that inspite of
beneficial enactments and various Government Resolutions
issued for the prohibition of the manual scavengers and the
protection of sewer workers, the implementation of these Acts
and Government Resolutions is miserably lacking. Inspite of
the directions issued by this Court from time to time, the Local
Authorities have failed to ensure compliances of the
mandatory provisions of the Act of 2013 and the Rules made
thereunder.
Even though the Petitioners have come with a prayer
before this Court to identify all the persons, who have died in
the State of Maharashtra while engaged in hazardous cleaning
of sewers and septic tanks since 1993, and to pay them
compensation of Rs.10,00,000/- each, in a time-bound manner.
The reply affidavit filed by the State Government contains the
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data only to the extent of the deaths occurred on account of
manual scavenging to whom, the compensation of
Rs.10,00,000/- has been disbursed, it is also claimed that not a
single case is pending for disbursal of the compensation. The
information provided in the affidavit, relates to the persons
who have been identified as Manual Scavengers, no
information has been provided about the persons who have
died due to hazardous cleaning of the sewers/septic tanks.
Thus, in our view, it would be necessary to issue directions to
the State Government to identify all the persons who have died
while engaged in “hazardous cleaning” as defined under
Section 2(d) of the PEMSR Act, within a period of six months
from passing of order and after such identification, proceed to
pay the compensation of Rs.30,00,000/- each as directed by
the Hon’ble Supreme Court in paragraph 97.4 of the judgment
in case of Dr. Balram Singh (supra) and the policy decision
taken vide Government Resolution dated 30.04.2025.
25. Finally coming to the substantive relief contained in
prayer clause A of the Writ Petition, i.e. to quash and set aside
Item No. 11 of the chart to the Government Resolution dated
12.12.2019, which determines the Competent Authorities for
payment of compensation making the private societies liable
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for compensation on death of Sanitation workers, instead of
the State or Local Authorities is concerned, the Petitioners
have already demonstrated, the hardship faced by some of the
family members of the victim, who were engaged by the
private contractors for Sanitation works in private societies. It
is informed that, often these works are executed by the private
society, without permission from the Local Authorities by
employing untrained workers, without providing them
protective gears at the instance of private contractors. In such
situation, the Local Authorities, like the Municipalities and
Municipal Corporation shirk their responsibility of
compensating such victims.
26. Inspite of the clear mandate in the judgment of the
Hon’ble Supreme Court in case of Safai Karamchari Andolan &
Ors. (supra) as set out in paragraph No. 24, which makes it
mandatory for the Central Government and the State
Government to ensure implementation of the Act of 2013,
alongwith and various directions issued by the Supreme Court
from time to time. These directions are not followed in its
letter and spirit. Paragraph 24 of the said judgment is
reproduced hereinbelow which reads thus:
“24. In the light of various provisions of the Act
referred to above and the Rules in addition to various
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directions issued by this Court, we hereby direct all the
State Governments and the Union Territories to fully
implement the same and take appropriate action for
non-implementation as well as violation of the
provisions contained in the Act 2013. Inasmuch as the
2013 Act occupies the entire field, we are of the view
that no further monitoring is required by this Court.
However, we once again reiterate that the duty is cast
on all the States and the Union Territories to fully
implement and to take action against the violators.
Henceforth, persons aggrieved are permitted to
approach the authorities concerned at the first instance
and thereafter the High Court having jurisdiction.”
When we read the above directions alongwith the
directions in paragraph no. 97.4, issued in the case of Dr.
Balram Singh ( Supra ), which unequivocally casts the
responsibility of making payment of Compensation on the
Union, the Union territory and State governments. We are
surprised by the stand of the State Government, which is
reflected in the Government Resolution dated 12.12.2019, and
reiterated in Government Resolution dated 30.04.2025 which
absolves the State Government as well as the Local Authorities
from their responsibility to make payment of compensation to
the sanitation workers who were engaged in the works carried
out at places other than the Government and Semi
Government undertakings, belonging to the private
individuals/societies/organization etc. This policy per se is
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clearly in contravention of the directions issued by the Hon’ble
Supreme Court in case of Safai Karamchari Andolan & Ors.
(supra) as well as the clarificatory order dated 10.05.2016.
Item No. 11 in both the Government Resolutions results in
discriminating sewage workers who are engaged at private
sector as compared to those employed under the State/Local
Authorities/ Semi-Government undertakings. Leaving the
dependants of such victims exposed to uncertainties and
depriving them of the immediate relief, as contemplated under
the Act of 2013, as well as the judicial pronouncements holding
the field. The policy of the State Government at Item no. 11 of
the Government resolution dated 12.12.2019 and 30.04.2025
is clearly violative of the fundamental right of equality
guaranteed under Article 14 of the Constitution of India, in as
much as it discriminates between the class of sanitation
workers, who are carrying the same work only on the basis of
the employer appointing them. The Act of 2013, does not
discriminate the workers engaged in Hazardous cleaning on
the basis of their employer. The intended object of the said
enactment is to eliminate the dehumanizing practice of
Manual Scavenging. Which was held to be inconsistent with
the right to live with dignity as guaranteed by Part III of
Constitution of India which does not permit such
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discrimination between the individuals belonging to the same
class. Even otherwise, the judgment of the Hon’ble Supreme
Court in Dr. Balram Singh (Supra) case has cast a clear duty
on the Union, the Union territory and the State Government, to
make payment of the Compensation to the dependants of the
sanitation workers.
27. When a similar issue of making payment to the
dependants of sanitary workers, employed by the Private
Contracts came before this Court in case of Vimla Govind
Chorotiya and ors. V. State of Maharashtra in Writ Petition
(Lodging) No. 15651 of 2021, this Court while passing interim
orders has issued directions to the Respondent No. 2 –
Tahsildar to make payment of Compensation and later recover
it from the persons responsible for the death of sanitation
th
workers vide its Order dated 17 September 2021.
In yet another Writ Petition No. 3359 of 2024 decided on
th
6 July 2026 in case of Sharda Maroti Chopwad and Another
3
V. the State of Maharashtra , the deceased sanitation workers
were also employed for Private work of cleaning septic tank, on
their death, the question of making payment of Compensation
arose. This Court relying on the Judicial Pronouncements of
the Hon’ble Supreme Court, issued directions to the State
3 2026 SCC Online Bom 6550
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Government to make payment of Compensation.
These are the two instances where the dependants of
victims could approach this Court, which may not be possible
for others who are in a similar situation.
28. This discriminatory approach of the State Government
contained in Item No. 11 of the Government Resolution dated
12.12.2019, as well as the Government Resolution dated
30.04.2025, needs to be remedied by quashing and setting
aside the same. Although, the Petitioners in the present case
have specifically, prayed for quashing Item no. 11 of
Government Resolution dated 12.12.2019, in the interest of
Justice, we also deem it appropriate to quash Item no. 11 of
Government Resolution dated 30.04.2025, as it is merely a
reproduction of the earlier clause. As a consequence of
quashing of Item No. 11 of the chart in the said Government
Resolutions dated 12.12.2019 and 30.04.2025, the
Respondent State Authorities/the Local Authorities, shall
ensure that the dependants of the victim are immediately
compensated by making payment of the Compensation which
the dependants of victim are entitled as per the direction of
the Hon’ble Supreme Court as well as Government Resolution
dated 12.12.2019, which shall be later recovered from the
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respective office/establishment/private individual, where the
victim was working.
29. So far as the rehabilitation of the dependants of the
victims engaged in hazardous cleaning is concerned, although
the provisions of the act of 2013, and judicial pronouncements
of the Hon’ble Supreme Court are clear and unambiguous, yet
there is no data or record submitted by the State Authorities
for the same. The data made available by the Government in
its affidavit at Exhibit H only mentions about rehabilitation of
manual scavengers, which further reveals that, except
Jalgaon, Nanded and Raigad Districts, no other Districts has
taken any steps for rehabilitation. It is, therefore, necessary to
issue directions to the Vigilance Committees, functioning in
the State of Maharashtra to ensure the social and economic
rehabilitation of the dependants of the victims of hazardous
cleaning.
30. In the wake of the observations made by us hereinabove,
we are pained to observe that the instrumentalities of the
State are making halfhearted attempts to implement the
decisions of the Hon’ble Supreme Court in Safai Karamchari
Andolan & Ors. as well as the directions issued in case of Dr.
Balram Singh , as a result of which, the sanitation workers in
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the State are deprived of their legitimate claims for
compensation and rehabilitation. Inspite of the comprehensive
directions issued in the two judicial pronouncements by the
Hon’ble Supreme Court for implementation of the Act of 2013,
the State Government as well as the Local Self Government
have failed to follow the SOP, for the cleaning of sewers and
septic tanks, due to resultant fatalities, making it necessary to
issue the following directions to the State Government and the
respective Local Self Bodies to the following effect:
i) The Item No. 11 of the Government Resolution
dated 12.12.2019 as well as the Government Resolution
dated 30.04.2025 insofar as it discriminates the
sanitation workers working at private establishments
under the private contractors as compared to their
counterparts working under the State Government or
State undertakings, is quashed and set aside.
ii) As a consequence of setting aside of the Item No
11 of both the Government Resolution dated 12.12.2019
and 30.04.2025, the sanitation workers in the private
sectors shall be entitled for compensation from the
State Government, which can be later recovered by the
State Government from the funds of the respective
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employers.
iii) The dependants of the three sanitation workers,
namely, Devidas Chandrakant, Mahadeve Dhondiram
Zope, Suraj Madhave enlisted at Exhibit A,
Ghanashyam Kori enlisted at Exhibit B and Mr. Ritik
Kurkute shall be entitled for the compensation from
Respondent No. 2- Municipal Corporation, if already not
compensated. We further hold that, in case, no such
payment is made, they shall be entitled for the
compensation at the rate of Rs.30,00,000/- each, as
directed by the Hon’ble Supreme Court in case of Dr.
Balramsingh Vs. Union of India & Ors. (supra) . Which
shall be paid within a period of 8 weeks from the date of
this order.
iv) The State Government is directed to identify, within
a period of 6 months from the date of this order, all
persons who have died while engaged in “Hazardous
cleaning” as defined under section 2(d) of the act of
2013. Upon such identification, the state government
shall pay Compensation of Rs. 30,00,000/- to the
dependants of each such deceased person, in terms of
Paragraph 97.4 of the Judgment of Hon’ble Supreme
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Court in Dr. Balram Singh ( Supra ).
v) The State Government as well as the Local Self
Bodies shall take steps for Rehabilitation of the
dependants of sanitation workers and manual
scavengers as contemplated in the Act of 2013 r/w
directions contained in case of Safai Karamchari
Andolan & Ors. and Dr. Balramshingh . Without
differentiating between Sanitation Workers and Manual
Scavengers.
31. Rule is made absolute in above terms.
(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.)
Digitally
signed by
RUSHIKESH
VISHNU
PATIL
Date:
2026.09.03
17:49:14
+0530
RUSHIKESH
VISHNU
PATIL
Rushikesh
Uploaded on - 03/09/2026 Downloaded on - 03/09/2026 18:15:06
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