[Manual Scavenging] Karnataka High Court Chief Justice says he saw 2 persons enter manhole without safety gear

The Karnataka High Court on Tuesday called for sanitation workers entering manholes to be provided with proper cleaning equipment as envisaged under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Rules, 2013 . .During the hearing, Acting Chief Justice Satish Chandra Sharma said, "I have myself seen two people entering a manhole without any safety gear.".Adding on, the Bench which also comprised Justice Sachin Shankar Magadum said,"They (manual scavengers) are making our life comfortable, we also have to make sure that their life is comfortable.".The Court was hearing an interlocutory application (IA) moved by SathyaSeelan, a Ph.D, Scholar, seeking to ensure that all workers are given safety equipment and that the quality of the same is inspected regularly, as specified in the Rules. The IA was filed in a petition seeking efficient bio-medical waste management as well as payment of wages to Pourakarmikas, among other reliefs..The Court opined that Bangalore Water Supply and Sewerage Board (BWSSB) ought to have ensured that safety gear is provided to all workers entering manholes. .Accordingly, the Court granted three weeks' time to reply to the IA. The matter will be next heard on October 8..The IA stated that an outsourced sanitary helper named Shivakumar had gone with a jetting machine along with his fellow workers to address a complaint registered at a service station. After clearing the blockage, the worker tried to pull back the jetting pipe that was left inside the manhole and attempted to roll back to the hanging wheel fixed to the jetting machine. Though there is an option for automatic rolling of the pipe wheel, workers have to do it manually. While pulling the jetting pipe out of the manhole, the nozzle, which is made of heavy metal, got stuck inside the manhole pipe and had to be pulled out by force. This hit Shivakumar on the face and injured him severely, eventually leading to his death..It was submitted that Shivakumar's death was caused by the failure of BWSSB to provide safety equipment to him, in clear violation of the Rules. Even though this amounted to an offence under Section 304 (causing death by negligence) of the Indian Penal Code, no FIR has been registered, the IA stated..In this regard, the IA prayed for the following reliefs:- to provide adequate compensation to Shivakumar's family in accordance with the Supreme Court order in Safai Karamchari Andolan And Ors vs Union Of India And Ors on 27 March, 2014- to register an FIR against BWSSB- to provide safety equipment to all workers, to inspect the quality of the same and ensure that workers are aware of its usage as mandated under the Rules. .Previously, while hearing a plea seeking to the end the practice of manual scavenging, the Court had directed the Karnataka government and local bodies to ensure that manual scavenging if done for cleaning sewers manually, should be carried out in strict compliance with the laws and rules in force. .[Manual Scavenging] Cleaning of sewers, if done manually, should be in strict compliance with law: Karnataka High Court .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.