Don't just blame contractors, hold officials accountable: Gujarat HC on sanitation worker deaths

Ahmedabad, Sep 2 (PTI) The Gujarat High Court has asked the state government to fix the responsibility of officials, instead of putting entire blame on contractors, in case of death of sanitation workers while cleaning sewers and septic tanks.

Citing government's practice of 'blacklisting' a contractor after each incident involving death of sanitation workers, the court on Monday noted the new contractor would do the same because there is no deterrence.

Advocate General Kamal Trivedi agreed with the HC's remarks and assured the state government would try to see how accountability of officials can be fixed in such cases.

A bench of Chief Justice Sunita Agarwal and Justice DN Ray made the remarks while hearing a 2016 Public Interest Litigation (PIL) on the issue of death of sanitation workers due to the practice of manual scavenging, wherein they have to enter manholes to clean sewers, septic tanks and drains.

"If such a mishap occurred, chief officers (COs) of municipalities are required to take action. Last time, a CO was completely unaware (of affidavit filed earlier). His response was very cursory as if this is not his job. If you engage a contractor, vicarious liability of the principal employer is never absolved," observed Chief Justice Agarwal during the hearing on the PIL.

The HC said message should go out that there is zero tolerance policy towards death of sanitation workers engaged in manual scavenging.

"For any fault of the contractor, the ultimate responsibility should be the employer. If some kind of accountability is fixed on the principal employee for the fault, only then everyone will be alerted, that this is something which is not acceptable. It should be conveyed that there is a zero tolerance policy," the Chief Justice told Advocate General Trivedi.

She said it is not proper to take action against only the contractor every time.

"What happens is that you blacklist the contractor. Then, what happens? The new one does the same thing. Officers are oblivious of the fact that this is what is happening in their territory, which is more disturbing. One CO defended saying 'no one engaged him'. The worker himself offered to enter (manhole for cleaning)," she said.

Referring to the previous hearing on the issue held in August, the Chief Justice said some official must he held accountable for (deaths linked to cleaning of sewers, septic tanks, drains) instead of just putting all the blame on the contractor.

"There are health officers or some officers who are required to monitor the working of the contractor. There should be some supervisor of the municipality, who should be made accountable for any fault. This kind of deterrent is necessary," she said.

As sought by the HC, Advocate General Trivedi presented a progress report about cleaning equipment which have been either procured or they are being procured.

The state government has completed the supply, installation, testing, and commissioning of 16 jetting-cum-suction machines and 24 desilting machines for 16 urban local bodies, informed Trivedi, adding process is still going on for procurement of 209 such equipment.

"The primary objective of the said work is to transform the (cleaning) mechanism from manhole to machine-hole. These 209 machines are planned to be completed by the end of March 2026," Trivedi told the HC.

Chief Justice Agarwal observed that procurement of these equipment is important because the practice of manual scavenging can only be eradicated if municipalities are equipped with such machines so that no worker has to enter manholes.

Manual scavenging is a banned practice under the Prohibition of Employment as Manual Scavengers and their Rehabilitation (PEMSR) Act, 2013. The Act bans the use of any individual for manually cleaning, carrying, disposing of or otherwise handling, in any manner, human excreta till its disposal. PTI PJT PD RSY