No benefit of SOPs if sanitation workers don’t know their rights, widely publicize them: Allahabad High Court directs UP Govt

Read Time: 08 minutes

The Allahabad High Court last week directed the State Government of Uttar Pradesh to prepare a brief one-page pamphlet specifying the rights & entitlements of the sanitary workers and to widely publicize it.

The bench of Justice Chandra Kumar Rai and Justice Manoj Kumar Gupta observed, “…the SOPs and other beneficial schemes framed by the Government will not serve its objectives unless the workers are educated of their rights and entitlements.”

Court stressed that an effective way of ensuring the implementation of any welfare scheme is to educate the beneficiary of his rights & entitlements. In view of the same, it ordered that the said pamphlet will be widely publicized in the newspapers, on the notice board of the local body and by other mediums of mass communication.

“Each and every sanitary worker should be handed over the printed pamphlet enlisting their rights and entitlements. A copy of the said pamphlet shall be placed on record for our perusal in due course,” Court ordered.

The above transpired during the hearing of a suo moto Public Interest Litigation (PIL) pertaining to the security and safety of sanitation workers.

On the last date of hearing on May 31, court had express anguish over the fact that across the State, sanitation workers are still being put to clean drains manually, instead of machines, that too even without any protective gears.

Court had demanded an explanation from the State Government. Last week, the State Government submitted an affidavit stating that in on March 31 this year, the Standard Operating Procedure (SOP) to be followed in cleaning sewers and septic tanks was laid down.

The Additional Advocate General appearing on behalf of the State submitted that strict instructions had been issued to all local bodies to ensure full compliance of the laid down SOP.

He made special emphasis to the provisions relating to (a) insurance of the life of workers engaged in hazardous cleaning (b) complaint redressal system and helpline number, (c) making it imperative to constitute a Responsible Sanitation Authority (RSA) and Emergency Response Sanitation Unit (ERSU) in every Urban Area.

AAG told that Government has taken another important decision for preparing a project report jointly by Social Welfare Department and Labour Department prescribing revision of wages, compensation, insurance amount and other facilities for the sanitation workers.

Importantly, he assured the Court that needful in this behalf shall be done within a fortnight.

However, the amicus curiae in the case, Advocate Rajeev Lochan Shukla tabled photographs before the court, in which safai karmis could be seen working in drains without gass masks, gumboots and hand gloves, except a jacket in some cases.

Taking note of the same, Court issued abovesaid directions. Further on Court’s suggestion, the counsel for the Prayagraj Nagar Nigam assured that a separate portal will be created by the Nagar Nigam, accessible to the common citizen where they can upload photographs to highlight the plight of sanitary workers.

He also assured the court that the details of the said portal will be put in public domain by issuing advertisement in newspapers and through other electronic media. He stated that complaints received on the said portal will be addressed to within 24 hours.

Thereafter, posting the matter for today for further hearing, Court asked the State Government to file affidavit of a responsible officer disclosing further measures taken by it in the matter

Court further directed the State Government to issue directions to all local bodies in the State to follow the directions issued by the Court to Nagar Nigam Allahabad in the case.

Nagar Ayukt, Nagar Nigam, Prayagraj was also directed to file his personal affidavit disclosing the steps taken to implement the above directions.

Case Title: In Re Ensuring the Security of Life and Safety of Health of the workmen and employees engaged v. The Chief Secretary, Government of U.P. Lucknow and others