The Bombay High Court on Tuesday sought Maharashtra government's response to a public interest litigation claiming violation of provisions of Prohibition of Employment of Manual Scavengers Act.
The petition, filed by social worker and lawyer Abha Singh, raised concerns over increasing number of sewer deaths in the city despite manual scavenging and unprotected sewer operations being banned.
"Manual scavenging is modern day untouchability and violation of Article 17 of the Constitution," Singh's plea said.
The petition pointed out that in 2019, 12 persons died while cleaning sewers in Maharashtra, and in none of these cases protective gear was provided.
"Till date, not a single criminal conviction regarding these deaths has been reported and most are classified as accidental deaths by police," the plea said.
"This is in stark violation of Sections 8 and 9 of the Prohibition of Employment of Manual Scavengers Act 2013 which provides for imprisonment if manual scavengers are employed or humans are made to clean sewers," it said.
It said safety equipment used do not contain full body suits, oxygen cylinders and other equipment.
The petitioner further pointed out to a 2014 Supreme Court judgment which provides for Rs 10 lakh compensation for every such death, but RTI query has revealed that none of the families who lost a kin this year have been compensated.
The petition claimed the government was blatantly violating provisions of the Act and the apex court judgment.
A division bench headed by Justice Ranjit More directed the government to file its affidavit and posted the matter for further hearing on January 29.
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