Introduction:

In a scathing critique of the Gujarat government, the High Court, comprising Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee, castigated the prolonged delay in compensating families of deceased manual scavengers. The PIL, filed by Ahmedabad-based NGO Manav Garima, sought proper implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, and adequate compensation for workers who lost their lives due to manual scavenging. The court expressed dissatisfaction with the state’s handling of compensation disbursement, emphasizing adherence to the Apex court’s directives.

Arguments:

The petitioner’s counsel, Subramaniam Iyer, highlighted the absence of compensation for 18 individuals allegedly deceased due to manual scavenging, pushing for prompt action and proper compensation as mandated by the law. The state authorities assured the court of compliance with legal provisions and a commitment to preventing further accidents, but the counsel revealed that compensation had not been disbursed to 16 deceased manual scavengers, leading to further scrutiny by the bench.

Court’s Judgement:

Chief Justice Agarwal, disapproving of the fragmented approach in addressing the issue, sternly directed the state counsel to provide explanations for the non-payment of compensation to the 16 individuals. Emphasizing urgency and warning against further delays, the court demanded specific names and reasons for non-payment. Additionally, the bench instructed the Principal Secretary to submit a personal affidavit detailing the reasons for compensating the listed workers. The court also initiated inquiries into a recent incident in Bhavnagar, Gujarat, where a sanitation worker lost his life. The matter is slated for further consideration on 18/01/2024.