State of Maharashtra Held Responsible for Compensation Despite Private Engagement
In a landmark judgment, the Bombay High Court's Aurangabad Bench has directed the State of Maharashtra to pay Rs. 30 lakh each to the families of two victims who tragically lost their lives while cleaning a septic tank without safety gear. The ruling was passed by a division bench comprising Justice Nitin B. Suryawanshi and Justice Vaishali Patil-Jadhav in the case of Sharda Maroti Chopwad v. State of Maharashtra.
The case revolved around the unfortunate deaths of Maroti Rama Chopwad and Nagesh Vyankati Ghumalwad, who were engaged by a private individual, respondent No. 3, to clean a septic tank. Despite the private nature of the engagement, the court emphasized the state's liability under the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, which mandates the eradication of manual scavenging and provides compensation in the event of fatalities.
The judgment highlighted the constitutional guarantees of dignity, equality, and fraternity, referencing the Supreme Court's directives in previous cases such as Safai Karamchari Andolan v. Union of India and Balram Singh v. Union of India. These precedents underscored the necessity of compensating victims' families irrespective of whether the deceased were employed by private individuals or state agencies.
The court noted that the deceased individuals were employed without any protective gear, in clear violation of Section 7 of the PEMSR Act, 2013. The state was directed to expedite the compensation process, failing which interest at 6% per annum would be applicable on delayed payments.
Furthermore, the judgment instructed the authorities to assess the dependents' eligibility for rehabilitation measures under Section 13 of the Act, ensuring their social upliftment and dignified livelihood.
The ruling serves as a stern reminder of the state's obligation to uphold the statutory and constitutional provisions aimed at safeguarding the dignity and lives of manual scavengers. The State of Maharashtra, while responsible for the immediate compensation, retains the right to recover the amount from the responsible private individual or agency.
This decision marks a significant step in reinforcing the need for stringent enforcement of laws prohibiting manual scavenging and ensuring justice for the affected families.
Bottom line:-
State is liable to pay compensation of Rs.30 lakh each to the dependents of victims who died while cleaning a septic tank without safety gear, even if the victims were engaged by a private individual. The State may recover the compensation amount from the responsible private individual or agency.
Statutory provision(s): Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 Sections 7, 13, 18, 19
