State liable to pay compensation in manual scavenging deaths even if labourers were employed by private individuals: Bombay High Court

The Aurangabad Bench of the Bombay High Court held the State liable to pay ₹30 lakh as compensation to the families of two workers who died while cleaning the septic tank at a private residence in Nanded area in 2021.

A bench comprising Justices Nitin Suryawanshi and Vaishali Patil-Jadhav held that the State’s liability for compensation in cases of manual scavenging deaths does not depend on whether the deceased was employed by government agencies or private individuals. The court referred to the decisions of the Supreme Court in the case of Safai Karamchari Andolan and Balram Singh, which confirmed that the financial liability of the State applies irrespective of the nature of the workplace or employer.

The court was hearing the petition submitted by the families of the dead workers. Autopsy reports stated that the cause of death was asphyxia and drowning. The families had initially received a partial payment from the private landlord, who agreed to pay ₹2 lakh each and an additional ₹50,000 for funeral expenses.

In October 2023, the families approached the District Collector, demanding ₹10 lakh each, citing the Supreme Court’s directive in Safai Karamchari Andolan v. Union of India. Citing a 2019 government decision, the state argued that when recruitment is private, the responsibility lies with the individual landlord. The Supreme Court rejected this argument.

The court explained that the State was obliged to pay compensation, but reserved the right to recover this amount from the private homeowner. The panel observed that the continued occurrence of manual scavenging deaths was a matter of record and reflected a collective failure to eradicate the practice. The order directed the State of Maharashtra to pay enhanced compensation of ₹ 30 lakh to the relatives of each of the two workers.

While concluding the State’s obligation on this matter, the Court said Dr. He benefited from the principles expressed by Babasaheb Ambedkar regarding the betterment of human personality. Advocates Abha Singh and Avinash M Reddy represented the families of the deceased workers.