Earlier this week, the Bombay High Court directed the Maharashtra government to set up a social media handle for citizens and non-governmental organizations (NGOs) to report instances of manual scavenging throughout the state.
A division bench consisting of Justices Nitin Jamdar and Milind Sathaye noted that creating this social media platform would assist District Level Committees and Vigilance Committees under the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, in ensuring that manual scavenging does not occur.
The court ordered the Department of Social Welfare to also establish a dedicated email address for each District Level Committee and Vigilance Committee. This social media handle and email addresses will allow citizens and NGOs to report manual scavenging incidents for examination by the relevant committees, thereby aiding the Social Welfare Department in fulfilling its statutory responsibilities.
The bench took note of an affidavit filed on July 4, 2024, by the State’s Nodal Officer – Commissioner, Social Welfare Department, Pune, which claimed that all 36 districts in Maharashtra were free from manual scavenging. The affidavit relied on certificates from Collectors of these districts. However, the petitioners contested this claim, citing reports of manual scavenging occurring in April and August 2024.
State Chief Government Pleader Priyabhushan Kakade clarified that the affidavit’s statements referred to the situation as reported in 2023, when the certificates were issued, and not the current status. The court ordered Kakade to verify the petitioners’ claims of ongoing manual scavenging.
The bench emphasized that any statement regarding the status of manual scavenging must align with the definition in Section 2(g) of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, as interpreted by the Supreme Court in Dr. Balram Singh V. Union of India.
In addition to investigating current manual scavenging instances, the court directed the Department of Social Welfare to publish the composition of all committees under the 2013 Act and display relevant information on the government website.
This ruling came in response to a plea by Shramik Janata Sangh, which highlighted the ongoing issue of manual scavenging in Maharashtra and sought appropriate compensation for the families of deceased scavengers.
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