The Bombay High Court has struck down a Maharashtra government policy that required private employers and housing societies to directly pay compensation to families of workers who died while undertaking hazardous cleaning. The court ruled that the state government must first pay the compensation and can subsequently recover the amount from those responsible.

The court also directed Maharashtra to identify, within six months, all people who have died while undertaking “hazardous cleaning” covered under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The dependants of each identified victim must be paid Rs 30 lakh, irrespective of whether the deceased worker was employed in the public or private sector.

Court Strikes Down Two Government Resolutions

A division bench of Justices Bharati Dangre and Manjusha Deshpande passed the order last week while hearing petitions filed by trade union Shramik Janata Sangh and others.

The petitions challenged Item 11 of Maharashtra government resolutions dated December 12, 2019, and April 30, 2025. The petitioners argued that the provision improperly shifted responsibility for compensation to private employers and individuals instead of requiring the state or local authorities to ensure payment.

They also contended that the state government and local authorities had failed to properly implement the 2013 law, which was enacted to prohibit manual scavenging and provide rehabilitation to those engaged in the practice.

The High Court cancelled Item 11 in both government resolutions, finding the policy “clearly violative” of the fundamental right to equality.

Maharashtra Ordered To Pay Families Immediately

The bench directed the state government to immediately compensate the dependants of victims of hazardous cleaning. The payment cannot be withheld on the ground that the deceased worker was employed by a private entity.

Under the court’s directions, the government must identify within six months every person who died while engaged in “hazardous cleaning” as defined under Section 2(d) of the 2013 Act and pay Rs 30 lakh to the dependants of each victim.

The court said the government can subsequently recover the amount from the private employers or other parties found responsible. This ensures that families do not have to wait for disputes over liability to be resolved before receiving compensation.

The bench also noted that the 2013 Act does not distinguish between workers engaged in hazardous cleaning based on whether they are employed by public or private entities. Its objective, the court said, is to eliminate the dehumanising practice of manual scavenging.

Court Criticises Caste-Based Practice

The court issued strong observations on the continuing existence of manual scavenging despite constitutional protections, legislation and repeated judicial interventions.

“In the 21st century, we boast about reaching the other side of the moon, yet the hard reality that stares us in the face is that the social evil of the caste system is still followed in our country, which forces some of our citizens to do work that is below human dignity,” the bench said.

It further observed that while the Constitution guarantees equality before the law, “even after 75 years of adopting the Constitution, our country is not free from the social evil that has haunted us for ages”.

The court described manual scavenging as a practice that has forced a particular community to undertake “this inhumane practice for generations”, despite Supreme Court judgments and laws prohibiting it.

The ruling places the immediate responsibility for compensating families on the Maharashtra government and local authorities, while allowing them to pursue recovery from private employers later.

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