Bombay HC Directs Maharashtra to Create Digital Reporting Channels for Anti-Manual Scavenging Committees

Bombay HC Directs Maharashtra to Create Digital Reporting Channels for Anti-Manual Scavenging Committees

The Bombay High Court has directed the State of Maharashtra to create specific email addresses and social media handles for District Level Committees and Vigilance Committees under the anti-manual scavenging law.

This move is intended to allow citizens and non-governmental organizations to report cases of manual scavenging more easily.

The order was issued by a Bench comprising Justice Nitin Jamadar and Justice MM Sathye.

"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 passed on August 20.

The Court has mandated that the creation of social media handles and email addresses, along with the publication of this information on the website, must be completed by the next hearing on September 9.

This order was issued in response to a petition filed by Shramik Janata Sangh, represented by Senior Advocate Gayatri Singh, which drew attention to the ongoing struggles of manual scavengers in Maharashtra despite the State government's claims of eradicating the practice.

At the previous hearing, the State, represented by Government Pleader PP Kakade, asserted that all districts in Maharashtra had been declared free of manual scavenging, based on certificates from the Collectors of 36 districts. However, the petitioners provided evidence of continuing incidents of manual scavenging and related fatalities, which occurred even after the issuance of these certificates.

The Court underscored the necessity of a thorough investigation into these allegations, emphasizing the definitions outlined in the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013. The Bench highlighted the importance of assessing the actual situation of manual scavenging in Maharashtra.

In addition to establishing communication channels, the Court instructed the Department of Social Welfare to publish the composition of all committees formed under the Act on its website, including details of the actions taken by them.

The Court also directed that Vigilance Committee meetings must be held on time, with agendas circulated in advance, and the outcomes documented to ensure transparency.

Senior Advocate Gayatri Singh, along with advocates Sudha Bhardwaj, Nawaz, and Deepali Kasul, appeared for the petitioners. Senior Advocate Ram Apte, along with advocates Ajit Pitale and Harshad P. Nahata, represented the Bombay Municipal Corporation. Government Pleader PP Kakade and Additional Government Pleader RA Salunkhe represented the State. Advocates Sarang S. Aradhye, Gauri Velankar, Saarth Chordia, and Shantanu Gurav appeared for the Kalyan Dombivli Municipal Corporation.

Case Title: Shramik Janata Sangh v State of Maharashtra

 

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