Introduction:

In the case All India Central Council Trade Unions v. Union of India & Others, registered as WP 8928/2020 and related matters, the Karnataka High Court on June 13, 2025, issued strong oral observations pressing the State Government to urgently frame and implement regulations to monitor and manage the operations of Sewage Treatment Plants (STPs) across Karnataka, especially with regard to the hazardous practice of manual scavenging that continues despite statutory prohibitions. A Division Bench comprising Acting Chief Justice V. M. Kameshwar Rao and Justice C. M. Joshi voiced concern over repeated deaths of sanitation workers in STPs, particularly within Bengaluru city, and emphasized the necessity of a statutory or guideline-based mechanism that would ensure mechanised cleaning and safeguard worker rights. The petition was filed by the All India Central Council Trade Union (AICCTU), seeking the court’s intervention for a comprehensive survey of all STPs in public and private properties and enforcement of uniform standards for safety and mechanisation. The Court acknowledged the inadequacy of current mechanisms and noted that unregulated STPs had become death traps for marginalised workers, often those compelled to undertake dangerous jobs for daily wages without basic safety. The Court has asked the State Government to respond within four weeks to the concerns raised.

Arguments by the Petitioners:

Advocate Maitreyi Krishnan, representing the AICCTU, laid out a grim picture of ongoing manual scavenging practices within STPs. She submitted that in the last two years alone, there have been several reported fatalities during STP cleaning operations, primarily within the city of Bengaluru. Highlighting that this dangerous practice had simply evolved into new forms, Krishnan argued that workers continue to enter tanks manually despite the ban on manual scavenging under existing central legislation, including the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. She contended that STPs had become the new frontier for manual scavenging, functioning in a legal vacuum with no clear guidelines on qualifications for workers, mandatory safety equipment, or required protocols for operation. The petitioner also pointed out that the Karnataka State Government had acknowledged the issue in the past and even initiated efforts to conduct a state-wide survey of STPs. However, no results had been made public, and the problem remains unaddressed. She pressed for the development of a comprehensive manual that includes specific standards for mechanisation, periodic audits, personnel training, and independent monitoring. Krishnan stressed the urgent need for legislative or regulatory intervention to prevent further loss of life, protect fundamental rights under Article 21 of the Constitution, and ensure human dignity for sanitation workers.

Arguments by the Respondents:

In response, Additional Government Advocate Niloufer Akbar submitted that the State Government is currently in the process of drafting guidelines for the management of STPs. She informed the bench that these draft guidelines had been submitted to the Karnataka State Pollution Control Board (KSPCB) and that further steps would be taken for finalisation and implementation. However, the court was not convinced by the open-ended nature of this assurance. The bench pressed the State to act swiftly, remarking that guidelines alone were insufficient unless backed by law or implemented with the force of law. The bench also interrogated whether the Pollution Control Board had any oversight over the working conditions of STP personnel. Advocate Krishnan clarified that the KSPCB only oversees environmental standards and gives technical clearance for plant installation. It does not monitor worker safety or cleaning protocols. This led the court to observe that the regulatory mechanism, if any, was incomplete and ineffective. The State was asked to file a detailed reply to IA No. 1 of 2024, within four weeks, outlining the status of guidelines and mechanisms to ensure mechanical cleaning and to prevent human deaths in STPs.

Court’s Observations and Directions:

The Karnataka High Court observed that the issue of STP-related deaths due to manual scavenging demands immediate government attention. The bench specifically questioned the absence of any statutory or operational mechanism to monitor STPs, especially when public interest and human life were at stake. The judges underlined that in a welfare state, such hazardous and degrading work must not go unregulated. The Court urged the State Government to conceptualise and implement a composite scheme applicable to every STP across the state, whether in public or private properties. The scheme, according to the Court, should not merely be a set of voluntary guidelines but must have the force of law—either through statutory backing or through regulations enforceable in practice. The Court stressed that such a framework must cover all aspects, including certification of operating agencies, training and equipping of workers, periodic inspections, and zero-tolerance for manual entry. It also recommended involving multiple departments such as labour, health, urban development, and pollution control to create a holistic policy. The bench reminded the State that workers engaging in manual scavenging or STP cleaning are often from marginalised communities and engage in such hazardous labour for daily survival. Their safety cannot be left to chance or unregulated discretion. The Court urged the State to “think over those lines” and come up with workable solutions that could be implemented immediately. It noted that the court would continue to monitor the matter and directed the State to file a comprehensive affidavit responding to all issues raised by the petitioners. The matter was adjourned for four weeks.