IN THE HIGH COURT OF KARNATAKA AT BENGALURU
J.M.KHAZI
Giddegowda Contractors, Represented By Its Partner Sri Roopesh Gowda – Appellant
Versus
State By Bhadravathi Old Town P S, Represented By The State Public Prosecutor – Respondent
ORDER :
J.M. KHAZI, J.
Petitioner who is the sole accused has filed this petition under Section 482 Cr.P.C, challenging the criminal proceeding initiated against him in Cr.No.46/2022 for the offences punishable under Sections 7 and 9 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013.
2. In support of the petition, petitioner has contended that he is one of the partners of M/s Giddegowda contractors. The Karnataka Urban Water Supplies and Drainage Board Division, Shimoga awarded contract, as per agreement dated 14.12.2018. On 08.04.2022 the Assistant Director (Grade-I), filed a complaint alleging that on 27.02.2022 when he visited a Wet Well Tank near private bus stand, adjacent to Indira canteen, Bhadravati, he found manual scavenging work carried out without any safety gears. Based on the said complaint, the concerned police registered the case in Cr.No.46/2022, and petitioner was issued with notice. He has secured anticipatory bail.
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3. On 26.02.2022, the workers were trying to remove defunct Pump set from the wet well in order to replace it with a new pump set. The workers were provided with safety gears, and other material, including uniform. T
The statute mandates timely filing of complaints; failure to comply renders criminal proceedings invalid.
The court held that principal employers can be held liable under the Atrocities Act for failing to prevent manual scavenging, emphasizing the importance of supervision and safety measures.
The judgment emphasizes the importance of implementing rehabilitation measures for manual scavengers as per the provisions outlined in the relevant Acts.
Legislation prohibits manual scavenging and mandates rehabilitation, yet ineffective implementation led to continued practices; court directed comprehensive measures to ensure adherence and accountab....
The main legal point established is that when there is no prima facie material to show the act in question was caste-based, certain provisions of the Scheduled Castes and the Scheduled Tribes (Preven....
The court mandated compensation for manual scavenging deaths, emphasizing societal responsibility and adherence to Supreme Court directives on compensation amounts.
The court mandated compliance with compensation directives and safety regulations for laborers engaged in hazardous work, emphasizing the state’s duty to protect fundamental rights.
Families of deceased manual scavengers are entitled to compensation of Rs. 30 Lakhs, as mandated by the Supreme Court, highlighting societal responsibility for worker safety.
The court emphasized that compensation for sewer deaths must be granted without delay as per established guidelines, recognizing violations of human rights in cases of manual scavenging.
The central legal point established in the judgment is the importance of correctly applying the penal provisions of the Contract Labour (Regulation & Abolition) Act, 1970 and the necessity of specifi....
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