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2025 Supreme(Online)(Guj) 4236
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MRS. JUSTICE SUNITA AGARWAL, CJ, MR.JUSTICE D.N.RAY, J
MANAV GARIMA – Appellant
Versus
STATE OF GUJARAT & ORS. – Respondent
WRIT PETITION (PIL) NO. 225 of 2016
For the Respondents:G H VIRK, GOVERNMENT PLEADER, HL PATEL ADVOCATES, MR ABHIJIT RATHOD, MR MEHUL H RATHOD, MR SIMRANJITSINGH H VIRK
The court emphasizes the need for local bodies to eradicate manual scavenging by ensuring legislative compliance and proper equipment procurement for safe operations.
Headnote:(A) Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 - Highlights the repeated incidents of deaths among individuals engaged in manual scavenging across Gujarat - The court mandates proactive steps for the eradication of manual scavenging, directed by local authorities to procure necessary equipment for safe cleaning and to comply with legislative provisions. (Paras 1-9)
(B) Compliance and duty of local bodies - The court emphasizes that mere actions after incidents, like contract cancellations and FIRs, are inadequate without preemptive measures - Local bodies must be equipped with machinery for safe operations. (Paras 9-10) (
Facts of the case:
The case discusses the persistent issue of manual scavenging deaths in Gujarat and the need for legislative compliance by local bodies.
Findings of Court:
The court directs local authorities to adhere to the mandates of the Government Resolution to completely eradicate manual scavenging.
Issues: The main issues include the adequacy of existing measures and the necessity for preemptive action against manual scavenging.
Ratio Decidendi: The court underlines the legislative imperative for equipment procurement and compliance with safety regulations.
Result: The court requires comprehensive reports from local bodies to ensure compliance with the 2025 Government Resolution.
| Table of Content |
|---|
| 1. issue of fatalities in manual scavenging. (Para 1 , 2 , 3) |
| 2. need for strict action and guidelines compliance. (Para 4 , 5 , 6) |
| 3. court emphasizes proactive measures and infrastructure for safety. (Para 7 , 8 , 9) |
| 4. requirement for reporting from authorities. (Para 10 , 11 , 12) |
| 5. scheduling of next hearings. (Para 13) |
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. The present Public Interest Litigation highlights repeated incidents of death of persons engaged in manual scavenging by the contractor hired by the Nagarpalikas and Municipal Corporations as also other local bodies across the State of Gujarat.
2. In the order dated 23.04.2025, we have noted the incident of death of two sanitary workers while engaging in manual scavenging for cleaning of septic tank in Patdi town of District Surendranagar.
3. A recent incident of death of a sanitary worker on 11.03.2025 in Ahmedabad District while cleaning of septic tank in a posh area of Bodakdev, Ahmedabad has been brought on record. Two more deaths of such nature had occurred on 17.04.2025 in District Junagadh.
4. With respect to these incidents, though action has been taken by the Nagarpalikas / Municipal Corporations concerned, of cancellation of the contract, black listing of the contractor and filing of first information report under Section 9 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act , 2013 (for short, “the Act’ 2013”) along with the other provisions of Indian Penal Code and the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989. However, all these steps are subsequent to the occurrence, which itself should be curbed at the very inception.
5. In the order dated 23.04.2025, taking note of the affidavit of the Principal Secretary, Urban Development and Urban Housing Department as also the Commissioner, Municipalities (Administration), we have observed that pro- active steps of deterrent is required to be taken by the Commissioner, Municipalities (Administration) by calling upon all heads of local bodies at each level to report action(s) taken by them in the matter of violation of the provisions of the Act’ 2013. The action taken report was required to be filed by the Commissioner, Municipalities (Administration) by filing his personal affidavit.
6. The affidavit of Commissioner of Municipalities dated 03.05.2025 has been filed in compliance of the order dated 23.04.2025, wherein it is stated that a virtual meeting was convened on 30.04.2025 with the Regional Commissioners of Municipalities of six zones, Mission Director, Swachchh Bharat Mission and Deputy Commissioner (Administration) by the Commissioner of Municipalities (Administration), Gandhinagar, wherein they have been directed to strictly adhere to the guidelines issued by the State Government, through its Urban Housing and Urban Development Department to all local bodies by the Government Resolution dated 03.04.2025, whereby it has been resolved to absolute eradication of manual sewer cleaning in the State of Gujarat by ensuring strict compliance of the provisions of the Act’ 2013. A copy of the said guidelines is appended at Annexure ‘2’ to the said affidavit.
7. A perusal thereof indicates that the guidelines required for procurement of certain machineries (equipments) for cleaning of drains so that the safety of safai karmi of the local bodies can be ensured. It is categorically directed therein that for cleaning of manholes, machines shall be utilized. The required procurement of the machines for cleaning of drains, manholes, etc. sd indicates in the Government resolution dated 03.04.2025 reads as under:-
"(1) Jetting machine and gully emptier (as per specifications of drainage line and manhole)
(2) Set of rods (90 pieces), bent (3 pieces), strips, set of required equipments.
(3) Large torch (4) Oxygen mask with cylinder (2 pcs)
(5) Grab Bucket (Manual) (4 pcs.)
(6) Hydraulic grab bucket with pedal rickshaw (2 pcs)
(7) 5
