NHRC takes suo motu cognizance of the reported death of two workers while cleaning a septic tank in Sonipat district of Haryana

Press release

National Human Rights Commission

New Delhi: 20th June, 2024

NHRC takes suo motu cognizance of the reported death of two workers while cleaning a septic tank in Sonipat district of Haryana

Issuers notices to the Chief Secretary and the Director General of Police, Haryana calling for reports

The Commission reiterates implementation of its 24th September, 2021 advisory to end hazardous cleaning manually

In case of any mishap, the contractor/ employers are to be held accountable, irrespective of the type of hiring/ engagement of the sanitary workers

The National Human Rights Commission (NHRC), India has taken suo motu cognizance of a media report, carried on 13th June, 2024, that two brothers died after inhaling poisonous gas while cleaning a septic tank at a private packaging factory near the village Bazidpur Saboli in the district Sonipat, Haryana. Their third companion from the same village has reportedly survived the accident. The police authorities have sent the bodies of the deceased for post-mortem examination and an FIR has been registered against the factory owner.

The Commission has observed that the contents of the news report, if true, raise a serious issue of violation of human rights. The negligence of the factory owner and the local authorities is apparent, as reportedly, the workers were not provided any safety gear while cleaning the septic tank. This even though the Commission has been reiterating the implementation of its advisory dated 24.9.2021 and guidelines of the Apex court to end manual hazardous cleaning by using machines and providing safety equipment to the workers.

Accordingly, the Commission has issued notices to the Chief Secretary and the Director General of Police, Haryana calling for a detailed report in the matter within one week including the status of the FIR registered in the matter, action taken against the responsible persons as well as relief and rehabilitation provided to the next of kin of the deceased workers by the authorities.

Issuing the notices, the Commission has drawn the attention of the concerned authorities that in its advisory on the Protection of Human Rights of the Person Engaged in Manual Scavenging or Hazardous Cleaning, it is mentioned that in case of death of any sanitary worker while undertaking hazardous cleaning work, the local authority and the contractor/employer are to be held responsible and accountable, jointly and severally, irrespective of the type of hiring/engagement of the sanitary worker.

Apart from this, the decision given by the Supreme Court, Dr. Balram Singh vs Union of India (WP(C) No. 324 of 2020) dated 20.10.2023, provides the specific mandate that it is the duty of the local authorities and other agencies to use modern technology to clean sewers, etc.

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