The Bombay High Court has directed the Maharashtra government to establish dedicated email addresses and social media handles for District Level Committees and Vigilance Committees under the anti-manual scavenging law. The move aims to facilitate reporting of manual scavenging instances by citizens and non-governmental organizations (NGOs).

The Division Bench of Justice Nitin Jamdar and Justice MM Sathye emphasized that these communication channels would enhance the Social Welfare Department's ability to fulfill its statutory duty of eradicating manual scavenging in the state.

“The Department of Social Welfare will also create a dedicated email address for each of the District Level Committees and Vigilance Committees. It shall also create a social media handle where citizens and non-governmental organizations can report instances of manual scavenging, which the District Level Committee and Vigilance Committee can examine,” the Court said.

The Court has ordered that the email addresses, social media handles, and relevant information be made available on the department’s website by the next hearing date, scheduled for September 9.

The Court passed the Order while hearing a petition filed by Shramik Janata Sangh, who was represented by Senior Advocate Gayatri Singh. The petition highlighted ongoing instances of manual scavenging in Maharashtra, despite government claims that the practice had been eradicated.

During previous hearing, the State, represented by Government Pleader PP Kakade, maintained that all districts in Maharashtra had been declared free of manual scavenging, based on certificates from district collectors. However, the petitioners presented evidence of continued manual scavenging activities and worker fatalities, challenging the accuracy of these certificates.

The Court underscored the need for a thorough investigation into the petitioners' claims and reiterated the importance of examining the real situation regarding manual scavenging in Maharashtra. In addition to setting up communication channels, the Court directed the Social Welfare Department to publish the composition of all committees formed under the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, on its website, along with details of their actions.

"The Department of Social Welfare will also create a dedicated email address for each of the District Level Committees and Vigilance Committees. It shall also create a Social Media handle where citizens and non-governmental organisations can report instances of manual scavenging, which the District Level Committee and Vigilance Committee can examine. This will aid the Social Welfare Department in its statutory duty to ensure that manual scavenging does not take place. This is an addition to the duties cast on the officers under the Act of 2013," the Court said in its order dated August 20.

Furthermore, the Court ordered that meetings of the Vigilance Committees be held as scheduled, with agendas circulated in advance and outcomes documented to ensure transparency. "Nodal Officer, i.e. Commissioner, Social Welfare Department will issue instructions to all the Vigilance Committees in the State of Maharashtra to ensure that meetings are held on time, agendas are circulated in advance, and the outcome of the meetings and the action taken is furnished for uploading the same on the website as directed above," the Court directed.

Accordingly, the Court scheduled the matter 'for directions' on September 9.

Cause Title: Shramik Janata Sangh v. State Of Maharashtra And Ors.

Appearance:-

Petitioner: Senior Advocate Gayatri Singh, Advocates Sudha Bhardwaj, Nawaz, Deepali Kasul

Respondent: Senior Advocate Ram Apte, Advocates Ajit Pitale, Harshad P. Nahata, Government Pleader PP Kakade, Additional Government Pleader RA Salunkhe, Advocates Sarang S Aradhye, Gauri Velankar, Saarth Chordia, Shantanu Gurav

Click here to read/download the Order


Justice Nitin JamdarJustice MM SathayeBombay High CourtManual Scavenging

Sukriti Mishra