The Gujarat High Court took a strong stance against the state government for its failure to disburse compensation to the families of 16 sanitation workers who lost their lives during manual scavenging incidents between 1993 and 2014. The court, headed by Chief Justice Sunita Agarwal and Justice Aniruddha P. Mayee, issued a directive demanding the state provide reasons for the delay in an affidavit.
The court, hearing a public interest litigation (PIL) filed by the NGO Manav Garima, sought clarification from the government on its implementation of the 2013 anti-manual scavenging law. Additionally, the court inquired whether the state was committed to eradicating the practice or still relied on sanitation workers for such activities.
Upon learning that compensation had not been paid to the families of the 16 deceased workers, as directed by Supreme Court guidelines, the court reprimanded the government for selective disbursements. It directed the principal secretary of the Urban Development and Urban Housing Department to submit a personal affidavit explaining the reasons behind the non-payment.
The court also acknowledged a recent incident of manual scavenging in Bhavnagar city and allowed the petitioner to include the civic body as a respondent. It directed the civic body to submit an affidavit providing details of the incident. The principal secretary was also instructed to submit a report on the matter.
The Chief Justice emphasized the need for transparency, stating, "This is not hide and seek; let us be clear about this. If the list (of victims) was there, you have to give at least this much explanation as to why you have not paid them; the reason has to be there."
In a civil application filed in April last year, the petitioner alleged that the government had not implemented the provisions of the 2013 law prohibiting manual scavenging. In 2016, the high court directed the government to pay Rs 10 lakh in compensation to the families of each deceased manhole worker. The Supreme Court later raised the compensation amount to Rs 30 lakh in October 2023.
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