Gujarat gutter deaths due to asphyxiation: National Human Rights Commission reacts

The National Human Rights Commission report on the death of two safai karmacharis in a gutter due to asphyxiation:

***

The Commission received a complaint dated 24.11.2022 from Sh. Kantilal U.Parmar, Social Worker, Ahmedabad alleging that two safai karamchari died in a gutter due to gas on 23.11.2022 as they entered in gutter without safety gear. It is negligence of local authority. It is a violation of Gujarat High Court verdict and Supreme Court guidelines. The complainant has requested to book FIR under section 304, 337, 338, and other sections of IPC, Prohibition of employment as Manual Scavengers and their Rehabilitation Act, 2013. The complainant also requested to provide compensation of Rs 25 lacs each to the dependent of family members.
Though existing regulations and several Supreme Court judgments have prohibited manual cleaning of sewer lines and septic tanks without taking enough safety precautions, still so many workers are dying while undertaking this work and it continues to be an issue of concern. Sewer lines and septic tanks are like death traps. The 2014 Supreme Court judgment prohibits anyone from working in sewers and septic tanks. The Commission has also been emphasizing upon the authorities from time to time to ensure proper arrangements of safety of the workers but the incident of causing threat to human lives are taking place regularly across the country.
The Commission accordingly takes cognizance of the complaint and issues notices to the Chief Secretary, Govt. of Gujarat calling for a detailed report
and on the following within four weeks :-
1. Whether the compensation amount of Rs.10 lakhs each paid to the next of kin of the three deceased persons as per the judgment of Hon. Supreme Court of India.
2. Whether the criminal law process has been set in motion in respect of the incident as required under appropriate sections of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
3. The status of the police enquiry on the incident.
4. The status of action taken against the responsible officers/officials in the incident.
The Chief Secretary, Govt. of Gujrat shall also specifically inform the Commission the steps and measures taken by them on the following directives issued by the Commission in the form of an Advisory dated 24.9.2021 on the subject “Advisory on Protection of Human Rights of the Persons Engaged in Hazardous Cleaning”.
1. Ensuring proper protective gear/safety equipment for sanitary workers:
i. All sanitary workers entering/ cleaning septic tanks/ sewer lines must be provided with helmet, safety jacket, gloves, mask, gumboots, safety eyeglasses, torchlight along with oxygen cylinder. Employers to ensure that no body part of the sanitary worker remains exposed while undertaking hazardous cleaning.
ii. It should be the responsibility of the local authority/ hiring agency to provide all necessary personal protective gear/safety equipment to the sanitary workers irrespective of their type of employment, i.e., permanent, temporary, part-time or contractually hired/engaged.
2. Leveraging the use of suitable and worker-friendly technology and robotic machines:
i. The States/ UTs and local bodies need to invest adequately for use of the latest technology and totally mechanize the cleaning of septic tanks, sewer lines or sewage treatment plants, etc.
ii. Use of duly acknowledged and recognized technological equipment e.g. Bandicoot, Sewer Crocs, KAMJET GR, Mobile septage Treatment Unit (MTU), etc., be encouraged by all stakeholders.
3. Welfare schemes: responsibility and accountability of the hiring agency/employer:
i. The State Government(s)/local bodies should engage sanitary workers formally as required. Only trained workers should be engaged in carrying out hazardous cleaning work. Training program for this may be undertaken, and certificate be provided.
ii. The hiring authority/employer must ensure that all sanitary workers are covered under the Ayushman Bharat Scheme.
4. Fixing the responsibility and accountability of the concerned authorities:
i. In case of death of any sanitary worker while undertaking hazardous cleaning work, the local authority and the contractor/employer are to be held responsible and accountable, jointly and severally, irrespective of the type of hiring/engagement of the sanitary worker.
ii. Considering the risk and technicalities associated with the cleaning of sewer and septic tanks, the local authorities should exclusively take up the responsibility of getting the work done under their direct supervision. If the said work is to be outsourced, it should be given to only those contrac
tors who fulfil the requisite criteria. However, the responsibility of ensuring the safety of the sanitary workers will primarily remain with the local authority.
5. Rehabilitation:
i. Providing one-time cash assistance and credit support is mandatory in accordance with "The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013" (herein after referred as the Act of 2013). However, this should be in addition to access to the livelihood.
6. Access to Justice
i. The Act of 2013 lays down the offences & penalties in Chapter III (Sec 5 to 9) and the role and functions of the implementing authorities in Chap V. The District Magistrates and the authorized officers under Sec 18 to ensure that persons contravening the provisions of Section 5, 6 & 7 of the Act are investigated & prosecuted as per the mandate of Sec 19. Requisite notification under Sec 18 be issued in case it has not been issued.
ii. The State Government to ensure that a sufficient number of Inspectors are appointed as per Sec. 20 of the Act of 2013.
iii. The District Magistrates/ notified Executive Magistrates to ensure expeditious trial of offences in accordance with the provisions ofthe Act of 2013.
iv. As per directive of the Supreme Court in Safai Karamchari Andolan & Ors v. Uol & Ors., WP (Civil) 583/2003, 27th March 2014, entering sewer lines without safety gears be made a crime even in emergency situations.
v. In case of death of such worker, police to promptly register FIR without fail, investigate and take action against the offenders under relevant sections of IPC and for violation of any other law in force.
vi. As held by the Supreme Court in Safai Karamchari Andolan (supra), the families of all persons who have died in sewerage work (manholes, septic tanks, etc.) since 1993 to be identified and awarded compensation of Rs.10 lakhs for each such death to the family members in accordance with the law, and the concerned authority should be held accountable in case of failure on their part in compliance of the same.
vii. Any other crime such as threat, inducement, criminal intimidation, bonded labour, or atrocity under the SC/ ST Act in respect of such work, FIR be registered and investigated in a time bound manner.
viii. A suitable scheme be formulated for providing compensation to the family of victim in the event of accidental death/ injuries that occurs due to fall in potholes/ open manholes/ sewer /septic tanks, etc.
7. Strengthening infrastructure for providing sanitary services:
i. In pursuance of the ODF++ protocol, the necessary steps be taken to ensure that faecal sludge/ septage and sewage is safely managed and treated, with no discharging and/or dumping of untreated faecal sludge/ septage and sewage in drains, water bodies or open areas.

Comments

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat* Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu. He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

The silencing of conscience: Ideological attacks on India’s judiciary and free thought

By Sunil Kumar* “Volunteers will pick up sticks to remove every obstacle that comes in the way of Sanatan and saints’ work.” — RSS Chief Mohan Bhagwat (November 6, 2024, Chitrakoot) Eleven months later, on October 6, 2025, a man who threw a shoe inside the Supreme Court shouted, “India will not tolerate insults to Sanatan.” This incident was not an isolated act but a continuation of a pattern seen over the past decade—attacks on intellectuals, writers, activists, and journalists, sometimes in the name of institutions, sometimes by individual actors or organizations.

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

World Bank arm accused of hiding crucial report on Gujarat’s Tata Mundra power project

By A Representative The Centre for Financial Accountability (CFA) has accused the Compliance Advisor Ombudsman (CAO), the accountability arm of the International Finance Corporation (IFC), of concealing crucial evidence related to the Tata Mundra coal power project in Gujarat during the period when the case was being heard in U.S. courts. In a press statement released on October 10, 2025, CFA said that the CAO’s final monitoring report, which was completed in 2019 but released only in September 2025, revealed that IFC had failed to take remedial action for years, even as environmental and livelihood harms to local communities worsened.

When communities lead: The story of Puttenahalli lake restoration in Bengaluru

By Alejandra Amor, Mansee Bal Bhargava The tropical Indian ecology pushed communities to develop the art and science of rainwater collection since antiquity. Traditionally, harvesting rainwater through ponds, lakes, and wetlands formed an integral part of a holistic water system that included rivers, canals, wells, aquifers, and springs. These decentralized systems sustained irrigation, livestock, and domestic needs in rural areas, supported by generations of community water management practices embedded in both utilitarian and ritualistic values.

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Search This Blog