PRAVEEN RASHTRAPAL IRS Vs. CHEIF OFICERKADI MUNICIPALITY

JUDGEMENT

(1.) In both these petitions, a common cause has been espoused for the betterment of the service conditions of sewerage cleaners, who are popularly known as Safai Kamdar. in view of the fact that they have to perform their duties in such adverse conditions that these conditions invariably pose danger to their health and some time even result into fatality. According to the petitioners, these workers belong to downtrodden lower strata of the society and they are not able to approach this Court to ventilate their grievances and, therefore, the petitioners have filed these petitions on their behalf as Public Interest Litigation. Petitioner of Special Civil Application No. 11706 of 2004 is a retired member of the Indian Revenue Service and is a person in public life. So far as Special Civil Application No. 8989 of 2001 is concerned, petitioner no. 1 is a registered organization addressing the issue of occupational health : and safely amongst the workers working in various factories. Petitioner no. 2 is a Union of manhole workers working with Ahmedabad Municipal Corporation. It is registered and also formed to cany out its main objectives to organize the manhole workers and to work for the promotion and protection of their basic rights. Petitioner no. 3 is a Human Rights Organization whose main objective is to work for the defence and protection of civil liberties and democratic rights of the people and particularly of the poor and downtrodden in the Stale of Gujarat. Since both these petitions involve identical issue, they have been heard together and now they are being disposed of by this common judgment.

(2.) The city of Ahmedahad and other major cities of the State have sewerage network for the disposal of domestic as well as industrial effluents, the night-soil, manure, solid waste and also the storm water. As a result of industrial effluents containing obnoxious chemical substances, there is always a possibility of such effluent creating poisonous gas in the drainage. On account of the domestic effluent also, carbon dioxide is generated in the sewage. Rotting manure produces gases like hydrogen sulphide (H,S). methane, ammonia and carbon dioxide. Out of these H2S is very dangerous. As per the scientific study one or two breaths of air, with as little as 600 parts per million H2S. can cause a person to lose consciousness and continued exposure to H2S can be fatal. Gases concentrate or build up in a confined space like underground drainage. Anytime a worker goes in or enters the drainage these gases are a hazard and he is affected by such poisonous gases rendering him totally unconscious and there are eases when such workers have succumbed to ill effect of the gases. This happens normally sometime prior to the commencement of the monsoon season because during that time, desilting process of drainage is being carried out. According to the petitioners, in spite of the fact that there are Regulations framed for discharge of the chemical effluents, the Regulations and the norms prescribed for such discharge are not being observed and without treating this effluent, the polluted water is being released in the sewerage network. It is their say that the cleaning operation of the sewerage network is carried out in Ahmedabad by the workers employed by the Ahmedabad Municipal Corporation, whereas at some places, it is got done through the contractors and at places by the workers employed by Local Civic Bodies. However, all these agencies apply common process for the cleaning work to get it done manually. It is also the say of the petitioners that such workers are neither trained properly nor they are equipped with the safety apparatus such as mask, oxygen cylinders, protective eye glasses etc. As a result of that whenever, a person enters the manhole he exposes himself to danger of being afflicted by poisonous gases. The petitioners have, therefore, prayed that such practice should be totally banned and discontinued forthwith and it should be replaced by proper machinery and necessary equipments. In other words, according to them, the work of cleaning sewage/drainage and desilting, should not be done manually and no human agency should he made to enter the manhole to carry out this operation. Instead, this process should be carried out by employing proper machinery as per the requirements.

(3.) It is the contention of the petitioners that sewerage workers are the citizens of this country and they also deserve proper treatment and dignified life. But these aspects are being completely ignored in their case. In these petitions, several items which have appeared in the newspaper have been reproduced to bring to the notice of this Court the causalities suffered by sewerage workers. They reflect the incidents that have taken place at places like Siddhpur, Surat, Ahmedahad etc. The petitioners have, therefore, asserted that these workers are entitled to enjoy fundamental rights as prescribed by the Constitution of India and they cannot be subjected to carry out such duties which may deprive them of enjoyment of the rights prescribed under Article 21 of the Constitution of India. They have, therefore, prayed that this Court may issue direction on the respondents to constitute High Level Committee representing the Government, Municipal Authorities, the workers and the petitioners organizations with some independent persons to inquire into living and working conditions of the manhole workers and to submit immediately the report along with the suggestions and recommendations to this Court. It is also prayed that till such lime the permanent solution is evolved, such workers be provided with the complete safely and security while entering the manhole and currying out the cleaning operation.