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State Must Compensate Private Casualties:
The has issued a landmark ruling affirming that the State bears the responsibility to provide compensation to the families of victims who die during , even when the labor is employed by private individuals. In a stern judgment, the court emphasized that the state’s obligation to provide a life with dignity extends beyond government-contracted work.
A Tragedy of Negligence The case arose following the deaths of Maroti Rama Chopwad and Nagesh Vyankati Ghumalwad on . The two men had been hired by a private resident in Mukhed, Nanded, to clean a septic tank without any protective gear. Both victims tragically succumbed to asphyxia and drowning inside the tank. Despite the clear violation of the , the families were left struggling for compensation as the private employer denied further liability after a token payment.
The Arguments: vs. Administrative Hurdles The petitioners, the widow of one victim and the mother of the other, highlighted their dire financial circumstances. On behalf of the petitioners, counsel pointed to precedents that mandate strict implementation of anti-scavenging laws.
Conversely, the State argued that since the incident occurred at a private residence, the onus lay primarily on the employer, referencing a 2019 Government Resolution. However, the High Court bench, comprising Justices Nitin B. Suryawanshi and Vaishali Patil-Jadhav, rejected the notion that the government could insulate itself from the to protect these workers.
Legal Analysis and Precedents Drawing on the spirit of Dr. B. R. Ambedkar's vision for human reclamation, the Court invoked directives from the in and . The court found that constitutional rights guaranteed under , 17, 21, 23, and 24 do not fluctuate based on who signs the paycheck of the worker.
The court clarified its position, stating that while the State may seek to recover this compensation from the private parties responsible for the , the immediate duty to provide the ₹30 lakh relief to the bereaved families rests with the State government to ensure justice is not delayed by legal maneuvering.
Key Observations The High Court expressed deep frustration with the ongoing practice of :
"The continued existence of is a serious blot on a civilized society and reflects the collective failure to completely eradicate this inhuman and degrading practice."
"The Hon'ble had made it abundantly clear that the directions contained in the order... would apply irrespective of the place of work i.e. even if engaged by private individuals."
"Incidents of death due to compel us to introspect as to how far we have truly realised the constitutional vision of equality, dignity and fraternity."
Final Decision and Implications The Court ordered the State to submit a proposal for the payment of ₹30 lakh to each of the petitioners within four weeks, with a final disbursement deadline of eight weeks thereafter. Furthermore, the authorities have been directed to assess the victims' families for eligibility under , to provide necessary rehabilitation support.
This ruling reinforces that the state cannot outsource the protection of its citizens' . For the families of those lost to hazardous cleaning, this decision provides significant relief and institutional backing for their dignity in the face of systemic neglect.
