State must pay ₹30 lakh compensation even for deaths of privately hired manual scavengers: Bombay High Court

The Aurangabad Bench of Bombay High Court recently held that the State is liable to pay ₹30 lakh as compensation for manual scavenging even if such deceased persons were hired by private persons and not government bodies [Sharda Maroti Chopwad & Anr v. State of Maharashtra & Ors.]. .A division bench of Justices Nitin Suryawanshi and Vaishali Patil-Jadhav cited Supreme Court rulings which had held that the State remains financially liable for deaths arising from manual scavenging irrespective of the place of work i.e. even if such persons were engaged by private individuals."This Court, in the case of Vimla Govind Chorotiya, while dealing with a similar and identical situation observed that the Hon'ble Supreme Court had made it abundantly clear that the directions contained in the order dated 27/03/2014 in Safai Karamchari Andolan and Balram Singh would apply irrespective of the place of work i.e. even if engaged by private individuals," the judgment said.The Court clarified that the State government may seek to recover the amount from the private home owner who had engaged the services of the deceased.The Court reiterated that deaths arising from manual scavenging remain a serious blot on a civilised society.“Incidents of manual scavenging and deaths occurring during sewer and septic tank cleaning operations continue to be reported even today. The continued existence of manual scavenging is a serious blot on a civilized society and reflects the collective failure to completely eradicate this inhuman and degrading practice,” the Court said. The Court made the observations while directing the State of Maharashtra to pay enhanced compensation of ₹30 lakh each to kin of two labourers who died while cleaning a septic tank at a private residence.The Bench drew on the words of Dr Babasaheb Ambedkar on the ‘reclamation of human personality’ to conclude that the case in hand is a constitutional failure to fully realise dignity, equality and fraternity as promised by the Constitution of India. .The petition was filed by kin of two labourers who died in 2021 while cleaning a septic tank at a private residence in Nanded district without authorisation or safety gear. The post-mortem report confirmed that they died due to asphyxia and drowning in the septic tank.A case was registered against the private residence owners for offences under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR Act).The home owner agreed to pay ₹2 lakh each with an additional ₹50,000 towards funeral expenses, but the family received only part of this amount. In October 2023, the kin of the deceased approached the District Collector seeking ₹10 lakh each in line with the Supreme Court’s decision in Safai Karamchari Andolan v. Union of India.With compensation remaining unpaid, they moved the High Court seeking enforcement of their rights under the PEMSR Act..The State relied on a government resolution of 2019 to contend that in cases of private hiring, the liability lay on the individual house‑owner. However, the bench cited Supreme Court rulings which held that the State remained financially liable for deaths arising from manual scavenging irrespective of the place of work i.e. even if engaged by private individuals.“This court finds that the State is liable to pay compensation of ₹30 Lakh each,” the Bench held, clarifying that it may seek to recover the amount from the private home owner..Advocates Abha Singh and Avinash M Reddy appeared for the kin of the labourers. Additional government pleader PK Lakhotiya appeared for the State. Advocate GR Ingole appeared for the private home owner. .[Read Judgment]