Calcutta High Court asks West Bengal govt to form panel on prohibition of employment as manual scavengers

Kolkata: The Calcutta High Court on Friday directed the West Bengal government to constitute a committee within three months on framing guidelines in consonance with a central act on prohibition of employment as manual scavengers and their rehabilitation.

Passing judgment in a PIL over the death of four labourers and injuries to three others while working on desilting of an underground sewer line at Kudghat in south Kolkata on February 25, 2021, the court directed the authorities to ensure an independent investigation pertaining to the incident.

The petitioners stated in a PIL that the work of desilting was carried out under a project of Kolkata Environmental Infrastructure Improvement Project (KEIIP) which functions under the Kolkata Municipal Corporation (KMC).

The court directed the authorities concerned to pay Rs 30 lakh, excluding Rs 10 lakh already paid, to each of the family members of the deceased workers within three months from the date of this order.

It also ordered the authorities to pay an amount of Rs five lakh each to the victims who sustained injuries within two months.

A division bench comprising Acting Chief Justice Sujoy Paul and Justice Chaitali Chatterjee Das directed the West Bengal government to constitute a committee in terms with the Prohibition of Employment as manual scavengers and their rehabilitation Act 2013, and the Supreme Court's directions in 2014 for implementation of the said Act and monitoring of the same.

The court said that there is serious lacunae and negligence on the part of the respondent authorities in complying with the direction of the Supreme Court and also in not framing any guidelines in consonance with the Act of 2013.

The bench noted that the government of India had brought the Act to eliminate the "evil system and to protect human dignity." The state authorities were directed by the division bench to file a report of compliance with the order.

The court noted that there is a specific prohibition in Section 7 of the Act of 2013 from engaging or employing for hazardous cleaning of sewers and septic tanks which bars any person or local authority or any agency to engage or employ either directly or indirectly, any person for hazardous cleaning of a sewer or a septic tank.

It said that despite admitting the negligence committed, the KMC has tried to shift the negligence solely to the agency on which the work was entrusted, holding that "they (KMC) cannot escape the liability and obligation cast upon them in accordance with law." The court noted that the KMC did not annex an alleged agreement in its affidavit, on the basis of which the said work was entrusted to the agency to show whether any conditions for compensation were incorporated, in consonance with directions passed by the apex court.

The court also said that there was "blatant negligence" on the part of the police, and they are trying to "wash their hands by only intimating the court that a case was recorded by Regent Park Police Station against some unknown persons" in connection with the incident in which four workers died.

No subsequent affidavit was filed to show the status of the said investigation, the court noted.

The court also expressed concern about the stand taken by the authority, in their affidavit in opposition, by denying that there was any violation of fundamental or legal rights.

The petitioners - Association for Protection of Democratic Rights (APDR) and another, alleged negligence on the part of the respondent authorities, praying for an independent investigation to be directed pertaining to the incident of June 25, 2021, and adequate compensation to the victims.