Karnataka High Court Suggests State To Bring Regulations To Monitor Sewage Treatment Plants, Curb Manual Scavenging

Acting Chief Justice V M Kameshwar Rao and Justice C M Joshi said, “Is there any statutory mechanism? TKarnhis is something which requires urgent attention of the government. Many people lose their lives, it should be more mechanised.”

The bench observed thus while hearing an application filed by All India Central Council Trade Union, which has sought a direction to the respondents to effect a comprehensive survey of STP plants in all private and public properties across the state and ensure that they are cleaned mechanically.

Further, it sought a direction on the respondent to develop a comprehensive manual in regard to working conditions and safeguards of workers.

Advocate Maitreyi Krishnan, appearing for the Union, argued that in the last two years, deaths which have taken place while doing manual scavenging in Bengaluru.

It was submitted that this practice has unfortunately taken different forms. The application is filed specifically to look into manual scavenging, which takes place in sewage treatment plants, where deaths have occurred over the last three years.

Further she said “In respect of STP they (State government) had initiated a process and the government had said they would do a survey of STP's installed in the state and see what guidelines can be laid down, this is one area which is completely unregulated, there are no guidelines on who can do these work and what safety measures is to be taken.”

Additional Government Advocate Niloufer Akbar, informed the court that the state is in the process of framing guidelines. It is submitted to KSPCB, and once finalised, it will be implemented.

To this the court said, “There should be a composite scheme for every STP in the state wherever they are installed in the state. Whether it is in the nature of guidelines or a statutory mechanism that is your outlook, but it should have the effect of law.”

The court also observed that there should be some mechanism for management of STPs and a monitoring mechanism, which can happen only if the authorities sit together and put their minds to it.

"Unless that happens...Some people come for daily earnings and they enter into such activities, unless there is a regulatory mechanism there, it will not be possible. Think over those lines and see what solutions can be found,” the court said.

The court also asked whether the State Pollution Control Board is not monitoring the STPs.

Krishnan replied by saying that “The pollution control board looks at the aspect of the environment and it directs the setting up of the plants. So far as workers are concerned it remains unregulated. Two workers died last year in STP, the board was there and it said we do not look at workers.”

Following this, the court directed the state government to file its response to the prayers sought in IA no 1 of 2024, within four weeks.

Case Title: ALL INDIA CENTRAL COUNCIL TRADE UNIONS AND Union of India & Others

Case No: WP 8928/2020 & Others