Orissa High Court
In Re: Deaths Of Sanitation Workers vs Chief Secretary And Others .... ... on 3 May, 2023
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) PIL No.14589 of 2021
In Re: Deaths of Sanitation Workers .... Petitioner
Mr. B. P. Tripathy, Amicus Curiae and
Ms. Pami Rath, Amicus Curiae
-versus-
Chief Secretary and others .... Opposite Parties
Mr. P. K. Muduli, AGA,
Mr. B. P. Pradhan, Advocate and
Mr. S. N. Das, Advocate for
Orissa Water Supply Sewerage Board (OWSSB)
CORAM:
THE CHIEF JUSTICE
JUSTICE G. SATAPATHY
ORDER
03.05.2023 Order No.
18. 1. Three affidavits have been filed pursuant to the order passed by this Court on 2nd March, 2023. One affidavit is by Sri Trupti Ranjan Nayak, the Inspector-in-charge of Badagada Police Station, who inter alia states that in relation to the incident which led to the registration of Badagada P.S. Case No.0167/2021 dated 29th April 2021, a charge-sheet has been filed against accused Ashok Kumar Sahu, Manager WATCO on 17th April, 2023 upon completion of investigation, under Section 304(A) IPC. The second affidavit is by Sri Tapas Chandra Pradhan, Assistant Commissioner of Police Zone-III, Cuttack who states that in CDA Phase-II P.S. Case No.33 of 2021 dated 18th April 2021, a charge sheet has been filed against Pradyot Kumar Sahoo and Deepak Kumar Nayak under Sections 304(A)/34 IPC/9 Prohibition of Employment as Manual Scavenger Page 1 of 3 and their Rehabilitation Act, 2013 and Sections 3(1)(j)/3(2)(vii) of S.C. & S.T. (POA) Act.
2. The third affidavit has been filed by the Additional Secretary to Government, Housing & Urban Development Department placing on record the various instructions issued from time to time to all the Urban Local Bodies (ULBs) and Municipal Corporations on taking precautionary and safety measures for persons entrusted with the task of cleaning manholes and sewers. The affidavit also talks of the setting up of Emergency Response Sanitation Units (ERSUs) headed by a Responsible Sanitation Authority (RSA), which are stated to have been set up in all the 115 ULBs in Odisha.
3. It is pointed out by the learned Amicus Curiae that the specific direction in this Court's order dated 2nd March, 2023 was for the State to inform the Court whether there is compliance by the various agencies deployed with the SOP and Training Manual prepared by CPHEEO in the Ministry of Housing and Urban Affairs, Government of India and "whether the strict compliance thereof has been made one of the mandatory conditions of the contract entered into with the agencies and the consequence of non- compliance with the said condition." The affidavit filed does not indicate compliance with the above specific directions.
4. Mr. P. K. Muduli, learned Additional Government Advocate assures the Court that before the next date, an affidavit will be filed specific to the issue whether the agreements/contracts entered into with the agencies deployed for undertaking the work of cleaning manholes and sewers incorporate as mandatory conditions the constituent elements of the SOP and the Training Manual and spell Page 2 of 3 out the consequences of non-compliance with the mandatory safety measures.
5. Learned Amicus Curiae also places before the Court a copy of the "National Action for Mechanised Sanitation Ecosystem"
brought out by the Ministry of Social Justice and Empowerment, Government of India, a copy of which is already available with the State of Odisha. The said copy be kept on record.
6. The affidavit to be filed by the State before the next date will also state whether the above 'National Action' Plan is being followed in the State of Odisha.
7. List on 17th July, 2023.
(Dr. S. Muralidhar) Chief Justice (G. Satapathy) Judge M. Panda MRUTYUNJAYA Digitally signed by MRUTYUNJAYA PANDA PANDA Date: 2023.05.04 10:08:30 +05'30' Page 3 of 3