RIGHT TO LIFE WITH DIGNITY - Manhole Worker Rights
Petitioning: Maharashtra Government and Bombay Muncipal Corporation
Petitioner: Jan Jagruti started on September 20, 2010
RIGHT TO LIFE WITH DIGNITY - A basic human right is being violated for the manhole workers every day. How is this violated for a manhole worker? We see it in movies - how a hero goes through a manhole and emerges out from the other end to destroy the villain without a single scratch and without any dirt on his face. We applaud and think how cool it is! But what is the reality?
If we look at some FACTS AND NUMBERS:
-> Around 25 manhole workers die every month only in Mumbai city – the richest city in India.
-> 350 deaths every year among BMC wprkers in Mumbai City (the number is dreadfully high for contract workers which is not accounted anywhere).
-> More than 20,000 manhole workers die every year across the nation.
-> 86% (19 out of 22) of the Bombay High Court guidelines mentioned in the scheme for protection of manhole workers are violated and not followed today.
-> No safety equipments are given to them like gumboots, gloves, oil, gas test papers, water, etc.
-> They have to face various health hazards and the most common among them is T.B. which is not restricted to them but spreads in their family too.
-> There is neither regular medical check up given to them nor any health or ‘risk’ allowance.
-> 90% of them get involved in alcoholism. In their words – they need courage to go down, which the alcohol gives them.
-> Maximum number of people employed are from the Dalit community.
Right to Life means the right to lead meaningful, complete and dignified life. It does not have restricted meaning. It is something more than surviving or animal existence. The meaning of the word life cannot be narrowed down and it should be available to all citizens of the country including these manhole workers.
WHAT ARE THE ISSUES?
1. Lack of implementation: In 1996, Bombay High Court had given a decision for safeguarding the rights of the manhole/sewage workers (Writ Petition No.. 125/1996 PUCL vs. State of Maharashtra and Others). However, 86% (19 out of 22) of these guidelines mentioned in the scheme are violated and not followed in today’s context.
2. Insensitivity and lack of ownership by government: In spite of the guidelines given by High Court, the manhole workers are not given any safety equipments or any proper training. Moreover, BMC refuses to take any ownership for the deaths of the manhole workers if they are on contracts.
OUR SUGGESTIONS:
1. Strict implementation of all the Bombay High Court guidelines which are violated.
2. Use of technology and different tools should be mandatory and there should be no room given for ‘exceptional’ cases wherein manual labor can be used.
3. When tools are being used by the manhole workers, there should be full protection given to them including other facilities like water, soap and towel to wash themselves after work.
4. Penalty to be imposed on the officials in the department in case any manhole worker is found working without the above mentioned safety equipments and proper protection.
5. They should be given ‘risk allowance’ due to the very nature of the job.
6. In case of death of the manhole worker, the job/position should be provided to the successor in the family.
7. They should be given proper housing facilities like other safai karamcharies.
8. There should be NO contracts given to any contractors.