'122 Cases Since 2013': Gujarat High Court Slams State Over Manual Scavenging, Demands Complete Ban

The Gujarat High Court expressed sharp displeasure over the ongoing practice of manual sewer cleaning across the state on Wednesday, observing that human entry into drainage lines must be completely eradicated without exception.

The court's harsh observations came during a hearing on sewer safety, where the petitioner flagged a recent incident at the U.N. Mehta Institute of Cardiology and Research Centre—located inside the sprawling Civil Hospital campus in Ahmedabad—labelling the occurrence within a premier public medical complex as shameful.

When the state government submitted that it had penalized the private contractor involved by forfeiting their bank guarantee, the bench firmly rejected the measure as inadequate, emphasizing that financial penalties alone cannot substitute for worker safety and human dignity.

'What Has Been Done in 10 Years?': Court Questions State Inaction

Underlining the systemic nature of the crisis, the petitioner informed the bench that Gujarat has recorded at least 122 incidents related to manual scavenging since 2013. Taking note of the figures, the court pressed state counsel to explain what concrete preventive measures or policy frameworks the government had established over the last decade to halt these hazardous practices.

At the same time, the bench asked the petitioner to move beyond highlighting violations and actively submit constructive proposals to help solve the infrastructure bottleneck.

Debates Over Emergency Response Units and Civic Duty

During arguments, the petitioner stressed the urgent need to operationalize Emergency Response Sanitation Units (ERSUs) equipped with modern machinery to handle severe drainage blockages across urban centers.

Addressing the proposal, the bench clarified the legal and civic framework:

• Civic Body Accountability: The court noted that setting up and operating emergency sanitation response mechanisms falls primarily under the jurisdiction of local municipal corporations rather than the direct purview of the state government.

• Testing Ground Reality: In a candid observation, the bench remarked that judges could directly phone a municipal response unit from the High Court to report a simulated sewer blockage, testing whether emergency teams actually deploy to the spot.

• Child Safety in Public Spaces: Expanding on public safety hazards linked to poorly maintained drainage systems, the court asked who would bear responsibility if a young child were to fall into an uncovered or defective manhole.

Refusing to let the matter rest with temporary assurances, the High Court reiterated its stance that no worker should ever be forced into a sewer line anywhere in Gujarat. The bench adjourned the proceedings and set September 18 for the next hearing.