Bombay HC to Maharashtra Govt: Pay Compensation of Rs. 10 Lakh in 3 Weeks to Manual Scavenger’s Kin

Apr 28, 2022 #Bombay High Court
human scavengers Law Insider

Paridhi Arya

Published on April 28, 2022 at 15:22 IST

The Bench of Justice Revati Mohite Dere and Justice Madhav Jamdar of Bombay High Court had passed the order directing State Government to pay compensation of 10 lakh rupees within 3 weeks.

The compensation is granted to the widow of a man was working as a manual scavenger died at Chandivali Andheri (East) by falling in the manhole in May 2017.

The Petition was filed by Sanjana Pawar seeking compensation in accordance to the Supreme Court’s Order of March 15, 2014 stating that 10 lakh rupees of compensation should be paid to families of such persons who died in sewer deaths by state and Union Territories.

Petitioner’s husband was under a contract as cleaner and manual scavenger since 2014 with Brihanmumbai Municipal Corporation (BMC) he fell in manhole while saving his co-worker who fall wiling taking out his cellphone from manhole.

The Police Investigation confirms that he died on work but Brihanmumbai Municipal Corporation submitted that he was not their employee or under contract though his ID card was annexed in the Petition. Justice Dere said on this “We condemn such an attitude. He was somebody working for you.

“Corporation and the state are putting their hands up. On the contrary, as per direction of the Supreme Court it is your (state’s) duty to identify such persons,” said Justice Mohite Dere while directing for rehabilitation.

The Court said that Supreme Court in 2016 cleared when Centre asked on behalf of Tamil Nadu that who will be responsible to Pay Compensation that state is responsible for it.

The Bench ordered that recovery of amount will be from those responsible after an inquiry and amount will be paid by Social Justice and Special Assistance Department.

The Judge directed the Rehabilitation of Petitioner as she is a mother of sever year old daughter “She’s got a small girl to take care of and her education” said Justice Dere.

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