The Gujarat High Court has directed the state government to ensure accountability of municipal officials in cases of sanitation workers’ deaths during sewer and septic tank cleaning, cautioning that the current practice of merely blacklisting contractors is insufficient.
A bench comprising Chief Justice Sunita Agarwal and Justice D.N. Ray made the observations on Monday while hearing a 2016 Public Interest Litigation (PIL) concerning deaths arising from the banned practice of manual scavenging.
The court noted that every time a death occurs, the government blacklists the contractor, but the cycle continues as new contractors repeat the same unsafe practices.
“If such a mishap occurred, chief officers (COs) of municipalities are required to take action… If you engage a contractor, vicarious liability of the principal employer is never absolved,” Chief Justice Agarwal observed.
The bench stressed that responsibility must be fixed on municipal supervisors or health officers overseeing such work. “This kind of deterrent is necessary,” the court said, adding that officers cannot remain “oblivious” to the hazardous practices happening in their jurisdiction.
The High Court underlined the need to send a strong message that there is a zero tolerance policy towards deaths of sanitation workers engaged in manual cleaning.
“For any fault of the contractor, the ultimate responsibility should be the employer… only then everyone will be alerted that this is not acceptable,” Chief Justice Agarwal told Advocate General Kamal Trivedi.
Trivedi assured the court that the state would explore ways to fix accountability on officials and presented a progress report on mechanisation of sewer cleaning.
The Advocate General informed that the government has completed supply and commissioning of 16 jetting-cum-suction machines and 24 desilting machines across 16 urban local bodies. Procurement of 209 additional machines is underway and expected to be completed by March 2026.
Chief Justice Agarwal emphasised that equipping municipalities with such machines is crucial:
“The practice of manual scavenging can only be eradicated if municipalities are equipped so that no worker has to enter manholes.”
