mDeath of two persons engaged in the cleaning of a soak pit in Kenchammana

Hoskote, Alur Taluk, Hassan District : Fact-finding Report b the

!eople"s #nion for $i%il &iberties- Karnataka
'One of the darkest blots on our development process is the fact that even after 64 years
of independence, we still have the heinous practice of manual scavenging. Today, I would
like you to pledge that this scourge will be eliminated from every corner of our country in
the net si months.'
Prime Minister, Dr Manmohan Singh's speech at the Inaugural Session of the
Conference of State Ministers of Welfare and Social Justice, 16
th
June, 211
!n "
th
Jul#, 211, four persons $ere emplo#ed to clean a kakkas gundi %latrine
soa& pit' at the Poornarama Coffee (state at )enchammana *os&ote, +lur ,alu&, *assan
District- ,$o of them, Shri Mahade.a %aged a/out 0 #ears' and Shri +r1un %+ged a/out
21 #ears' died of asph#2iation- ,he matter $as reported in the ne$spapers including ',he
*indu', and )annada ne$spapers including 'Pra1a.ani', '3i1a#a&aranata&a', ')annada
Pra/ha'-
,he People's 4nion for Ci.il 5i/erties6)arnata&a %P4C56)' constituted a fact
finding team consisting of 7amdas 7ao, Da#anand ,-)-, 7aghupath# S- and Maitre#i
)rishnan to in8uire into the incident- ,o this end, the ,eam, on 11
th
Jul# 211, conducted
the fact6finding mission and .isited the families of the deceased persons li.ing in
Sa&leshpur, the Deput# Commissioner at *assan and the 1urisdictional Police Station at
+lur ,o$n -
The 'ncident:
!n "
th
Jul#, 211 around 2-0 pm four $or&ers %manual sca.engers' from
Sa&leshpur $ere called /# the o$ners of Poornarama Coffee (state at )enchammana
*os&ote, +lur ,alu&, *assan District to clean the soa& pit that $as in the estate- ,he soa&
pit $as 1612 feet in height $ith 1 foot filled $ith human e2creta- It is to /e noted that
this entire area has no 4nderground Drainage s#stem, and the e2creta is collected in soa&
pits, and cleaned $hen the# /ecome full, or $hen the pit clogs- ,he $or& is done /#
$or&ers ph#sicall# entering into the soa& pits and immersing themsel.es in the e2creta
$ithout using an# safet# e8uipment $hile and manuall# remo.ing the same from these
pits-
,he incident as narrated to the ,eam /# Murugan, $ho is an e#e6$itness to the
incident, and $ho had also gone to perform the $or&, is as follo$s9 Mahade.a $as
contacted /# Su1a# :o$da, o$ner of Poorna 7am (state, to clean and empt# a pit of
human e2creta in the estate- Mahade.a too& his /rother Murugan %$or&ing as a linesman
in Sa&leshpur' and his 2 cousins +r1un and Man1a %contract poura&armi&as' along $ith
him to perform the $or&- ,he# $ere as&ed to complete the $or& immediatel#- !n
reaching the pit, Mahade.a opened the co.er of the pit %1; deep, e2creta co.ering one
foot of the pit $ithout an# .ent to air it out'- Mahade.a $ent inside the pit, follo$ed /#
1
+r1un- Within < seconds of entering the pit, on inhaling the deadl# and no2ious gas that
emanated from the pit, he $as immediatel# o.erpo$ered and suffered sei=ures- +r1un
tried to rescue Mahade.e, /ut he also lost consciousness- Murugan tried to pull up +r1un
/ut felt sic& and immo/ili=ed /# the no2ious gas, and couldn;t mo.e his arms and legs-
Mahade.a and +r1un died $ithin a fe$ seconds- Murugan and Man1a shouted for help /ut
no one came at first- *o$e.er, /# the time the other $or&ers in the area came to help
them, Mahade.a and +r1un la# dead in the soa& pit, and Man1a and Murugan $ere
drifting in and out of consciousness- Murugan and Man1a $ere immediatel# ta&en /# the
$omen $or&ers a$a# from the spot to another place- ,he $or&ers thereafter contacted
the police $ho came and collected the /odies, cleaned the /odies, and admitted them to
the morgue in Sa&leshpur *ospital- ,he police collected the statement a/out the e.ent
from Shri Murugan and Shri C- >an1aiah, the President of the +di Dra.ida +/hi.rudhi
?u.a&a Sangha-
,hree of the $or&ers $ere /lood relati.es, $ith Mahade.a /eing Murugan's older
/rother, and +r1una, their cousin- Murugan, $ho narrated the incident to us, $as still
.isi/l# distur/ed ha.ing $itnessed the gruesome death of +r1un and Mahade.a- *e also
informed us that he had gi.en this same statement to the police, $ho had .isited the spot-
The aftermath of the incident, according to (aralakshmi, )unicipal $ouncillor
We also met Smt- 3arala&shmi, Mem/er of the Sa&aleshpur ,o$n Municpal
Council, in $hose $ard 1urisdiction, Mahade.a, +r1un and Muruga reside- She informed
us that immediatel# after the incident, around <-0 pm, the ,ahsildar, the 5ocal M5+, *
) )umaras$am#, the President, Shri C- >an1aiah, +di Dra.ida +/hi.rudhi ?u.a&a
Sangha %the local organi=ation in the area in $hich the $or&ers reside' and other
mem/ers of the organi=ation .isited the spot of the incident-
+ccording to Shri )rishna, mem/er of the +di Dra.ida +/hi.rudhi ?u.a&a
Sangha, the o$ner of the Poornarama Coffee (state, Shri Su1a# :o$da had pro.ided 7s-
2, @6 to$ards funeral e2penses, and had agreed to pa# the famil# of each of the
deceased 7s- 2-< la&hs /# the 12th610
th
Jul#, 211- +s on the date of the .isit, the ,eam
found that no such compensation had /een gi.en to the families of the deceased-
Howe%er, when the Team subse*uentl spoke to the families of the deceased persons
on +,-./-0.++ o%er the phone, we were informed that compensation had still not
been paid to them, and the had been informed that the would be paid the
compensation onl before the &abour Department1
+ccording to Smt- 3arala&shmi, the ,ehsildar has assured Madha;s sur.i.ing
famil# of 0 children %$ife doesn;t li.e $ith the famil#' of all /enefits accruing to Madha-
,he Social Welfare dept- has promised to sanction one +shra#a site to each famil# and
other admissi/le /enefits-
*o$e.er, no compensation $as /eing gi.en to Muruga $ho had also inhaled the
gases and has /reathing pro/lems, and is also distur/ed ha.ing $itnessed the death of his
/rother and cousin-
2
Response of the District Administration
,he ,eam .isited the Deput# Commissioner, *assan District, Shri )- :-
Jagadeesh- *e informed us that he $as not a$are of the said incident, until $e mentioned
it to him- *e said that he $ould direct the +ssistant Commissioner to .isit the spot and
prepare a report on this incident- *e e2pressed that the occurrence of such an incident
$ould /e in contra.ention of the (mplo#ment of Manual Sca.engers and Construction of
Dr# 5atrines %Prohi/ition' +ct, 1""0 and that su/se8uent to the receipt of report from the
+ssistant Commissioner, he $ould issue appropriate directions, including the in.o&ing of
penal sections under the +ct-
!n the state of manual sca.enging in the district of *assan, he informed us that
according to the inspection there $ere no persons emplo#ed for manual sca.enging in the
district- *o$e.er, after ha.ing recei.ed this information on the death and on the /asis of
the report of the +ssistant Commissioner, he $ould loo& into this aspect again- While a
large part of the district did not ha.e 4:D co.erage, he said that $et toilets $ith
connected tan&s and soa& pits $ere /eing used in the district- *e said that in the ur/an
local /odies, steps to$ards o/taining machines to perform this $or& $ere in progress-
*o$e.er, the rural areas, /eing situated in hill# terrain, had not /een pro.ided $ith an#
such machines-
*e mentioned that the implementation of the (mplo#ment of Manual Sca.engers
and Construction of Dr# 5atrines %Prohi/ition' +ct, 1""0 and the reha/ilitation scheme
made under this +ct $as in progress- *o$e.er, onl# persons $ho fall under the criteria
specified in the scheme $ould /e entitled to the pac&age and $or&ers $ho had ta&en up
this $or& recentl# $ould not /e co.ered under it- ,he ,eam is of the opinion that ha.ing
criteria such as this $ould result in se.eral persons presentl# engaged in this $or& /eing
e2cluded from the scheme, and $ithout an# reha/ilitation, the# $ould continue to /e
compelled /# economic and social circumstances to perform this $or&-
+ meeting of the department officials, ci.il societ# representati.es and groups
$or&ing for the rights of manual sca.engers has /een fi2ed /# the Deput# Commissioner
on 0
th
Jul#, 211 to loo& into the issue of Manual Sca.enging in the area- *e has
promised to ta/le reports from .arious officials a/out the rele.ant schemes and their
implementation
+lthough the ,eam tried to meet and spea& to the +ssistant Commissioner, the
+ssistant Commissioner $as not a.aila/le in his office, and not reacha/le o.er his
telephone-

Response of the !olice
)enchammana *os&ote, +lur ,alu& falls in the 1urisdiction of the +lur ,o$n
Police Station- We met Shri Muddhura1 ?-, the Police Su/6Inspector $ho stated that the
police had registered the 4D7 %unnatural death report ' under Section 1AB of the Code of
Criminal Procedure /earing 4D7 >o- 26@211- + cop# of the 4D7 report pro.ided to us
3
sho$s that the complaint on $hich it is /ased gi.en /# Shri Murugan, states that on "
th

Jul#, 211, the Writer of Poornarama estate, Shri :iridhar informed him that the &a&&as6
gundi at the estate $as stuc& and needed to /e cleaned- Shri Murugan, along $ith his
/rother Madhe.a, cousin +r1un and Man1a, $ent around 0 pm to the estate to clean the
&a&&as gundi- *a.ing mo.ed the stone that $as co.ering the pit, the# sa$ that the pit $as
1 feet in height $ith 0 feet $ater-
It goes on to state that Mahade.a slipped in the $et mud and fell into the pit, and
+r1un $ho $ent to sa.e him also slipped and fell in- Murugan and Man1a tried to sa.e
them $ith a rope, /ut $ere una/le to do so- This is contrar to what we were informed
b 2hri )urugan who had categoricall said that )ade%a and Ar3una had entered
the pit to clean it, and ha%ing inhaled the no4ious gas had fallen inside the pit1
We $ere informed /# the concerned police official that since the complaint gi.en
/# Muruga said that the incident $as an accident, no case under Section 0B6+ could /e
registered-
,he ,eam /rought to the notice of the Police !fficer the (mplo#ment of Manual
Sca.engers and Construction of Dr# 5atrines %Prohi/ition' +ct, 1""0 $hich penali=es an#
person $ho emplo#s an# other person for manuall# carr#ing human e2creta, and that the
said complaint s8uarel# attracts this prohi/ition- Shri Muddhura1 ?- informed us that he
$ould immediatel# loo& into this matter to see if the said case attracted this pro.ision,
and $ould immediatel# in.o&e the said section upon consultation $ith his superior
officers- We also spo&e to the Deput# Superintendent of Police, +lur ,alu& o.er the
telephone, $ho informed us that he $ould loo& into the matter and gi.e appropriate
directions to the concerned In.estigating !fficer- In our last con.ersation $ith the Su/6
Inspector Shri Muddhura1 ?-, $e $ere informed that his superior officers had instructed
him to $ait for the report of the +ssistant Commissioner /efore initiating an# action
under the (mplo#ment of Manual Sca.engers and Construction of Dr# 5atrines
%Prohi/ition' +ct, 1""0-
,he ,eam $ould li&e to point out that firstl#, the narration of incidents /# Shri
Murugan to the team is contrar# to that pro.ided in the 4D7 7eport- Secondl#, although
the pro.isions of Section 0B6+ of the Indian Penal Code $hich deal $ith causing death
/# negligence, the same has not /een in.o&ed, and in fact no CI7 has /een registered in
this regard- ,hirdl#, although the pro.isions of the (mplo#ment of Manual Sca.engers
and Construction of Dr# 5atrines %Prohi/ition' +ct, 1""0 are directl# attracted in the
case, since the complaint itself discloses that the $or&ers had gone to the spot to
manuall# clean the &a&&us gundi %soa& pit', and the offence under the +ct is cogni=a/le,
no case under this +ct has not /een registered- This lack of registering of an F'R when
a serious cogni5able offence is so clearl made out is of gra%e concern, and it is
absolutel essential that the same is registered and the persons responsible for the
death of the workers are not allowed to go scot-free1
4
&i%ing $onditions of )adiga communit in 2akleshpur
,he four po$ra&armi&as are all residents of Po$ra&armi&a Colon#, )ushalnagar
at Sa&aleshpur- +ll the persons residing therein /elong to the Madiga communit# and li.e
in .er# poor conditions- ,here are 1< families li.ing in1A municipal6o$ned 8uarters
di.ided into smaller ha/itations to accommodate gro$ing families- ,he# ha.e li.ed here
for man# generations, and mo.ed in here $hen it $as a /arren hill, infested $ith $ild
animals- It $as a /urial ground then- %?et the# ha.e not /een gi.en &hata deeds, despite
li.ing there for more than < #ears-' ,he colon# has no proper roads, inade8uate $ater
suppl# and electricit#- Photographs of the po$ra&armi&a colon# ta&en /# the mem/ers of
the ,eam is enclosed herein- !nl# after a lot of pressure from the residents ha.e some
/asic amenities /een pro.ided- Most of the the residents $or& as po$ra&armi&as and
manual sca.engers-
We $ere informed that the li.ing and $or&ing conditions in +lur district $ere
e.en $orse than the situation in Sa&aleshpur, $here manual sca.enging is /eing carried
out regularl# in the area /# contract po$ra&armi&as- ,he# informed us that /oth men and
$omen perform the $or& of manual sca.enging, and $omen enter the pits to remo.e the
human e2creta-
Interestingl#, the account $e recei.ed from the persons residing there $as in
contrast to the account of Smt- C-3arals&shmi;s, the area Concillor, $ho is highl#
regarded as the representati.e of her communit#, and is accepted and consulted on
matters related to the $elfare of this communit#- +ccording to her, a/out 2A P)s $or& in
Sa&leshpur, and $hile there is no separate $or&force of pit cleaners, some mem/ers of
this communit# %/oth P)s and others, li&e Murugan, $ho $or& odd 1o/s in the to$n' go
for this $or& to supplement their meager earnings- In fact Shri Murugan told us that he
had /een $or&ing as a manual sca.enger cleaning &a&&as gundi %soa& pits' for o.er A
#ears- *o$e.er, Smt- C-3arals&shmi told us that there are no dr# latrines in the area, /ut
onl# $et latrinesD the 4:D has not /een tried out in the area /ecause of its hill# terrain-
!ne suc&ing machine has /een /ought and is operating normall# under a trained
emplo#ee- +ccording to 3arala&shmi, there;s no caste discrimination of an# sort in
Sa&leshpur- >o caste atrocit# has ta&en place in this to$n, though it persists in
surrounding .illages-
Application of the 6mploment of )anual 2ca%engers and $onstruction of Dr
&atrines 7!rohibition8 Act, +99: and the 2cheduled $astes and 2cheduled Tribes
7!re%ention of Atrocities8 Act, +9,9;
,he (mplo#ment of Manual Sca.engers and Construction of Dr# 5atrines
%Prohi/ition' +ct, 1""0 $as enacted in the #ear 1""0 to /ring an end to the degrading,
dehumanising and o/no2ious practice of manual sca.enging $hich in.ol.es persons
ph#sicall# and manuall# remo.ing human e2creta $ith hands and carr#ing the e2creta
from the latrines or pits to the dumping sites- ,he dehumanising practice of manual
sca.enging is closel# interlin&ed $ith untoucha/ilit#, $ith onl# persons /elonging to dalit
5
communities performing this $or&- ,he Scheduled Castes and Scheduled ,ri/es
%Pre.ention of +trocities' +ct, 1"E", ma&es an# act done to .iolate the dignit# of a
mem/er of a Scheduled Caste or a Scheduled ,ri/e /# a non6Scheduled Caste or non6
Scheduled ,ri/e person an offence under Section 0 %1' %iii' of the +ct-
,he Ministr# of *ome +ffairs has issued +d.isor# %Press Information Fureau,
:o.ernment of India, Ministr# of *ome +ffairs dated 26Ma#6211' to States@4,S and
Concerned Ministries@Departments to Chec& Crimes against SC@S,, noting that manual
sca.enging still persists in India despite /eing outla$ed- ,he ad.isor# noted that no one
has /een punished in 1A #ears of the e2istence of the (mplo#ment of Manual Sca.engers
and Construction of Dr# 5atrines %Prohi/ition' +ct, 1""0- (2pressing deep concern a/out
the continuance of this shameful practice $hich .iolates human dignit# and +rticles 1B,
1A, 21 and 20 of the Constitution, the :o.ernment of India re6emphasi=es that urgent
action should /e ta&en /# the State :o.ernments and 4, +dministrations to completel#
eradicate this practice- ,he +d.isor# stipulates that the follo$ing measures /e ta&en /#
the State :o.ernments and 4, +dministrations9
GH 3igorous and conscientious enforcement of the statutor# pro.isions and the
e2isting legislations relating to crimes against Scheduled Castes and Scheduled
,ri/es should /e underta&en- It is reiterated that manual sca.enging is punisha/le u@s
1B, read $ith Section 0%1'%a', of the (mplo#ment of Manual Sca.engers and
Construction of Dr# 5atrines%Prohi/ition' +ct,1""0- *o$e.er, the enforcement of
the +ct /# State :o.ernments@ 4,s is generall#
H Curther, in terms of Scheduled Castes and Scheduled ,ri/es % P!+' +ct, 1"E", an#
act done to .iolate the dignit# of a mem/er of a Scheduled Caste or a Scheduled
,ri/e /# a non6Scheduled Caste or non6Scheduled ,ri/e person $ould amount to an
offence under Section 0 %1' %iii' of the +ct- It ma# /e noted that engaging or
emploing a member of a 2cheduled $aste or a 2cheduled Tribe to clean,
handle or carring human e4creta amounts to %iolating his or her dignit and
therefore, ma fall within the ambit of $lause 7iii8 of 2ub 2ection 7+8 of 2ection
: of the Act1 Therefore, such cases of manual sca%enging ma be pursued under
appropriate 2ections of the 2cheduled $astes and 2cheduled Tribes 7!re%ention
of Atrocities8 Act, +9,9;
!emphasis supplied"
,he Minister for 5a$ and Parliamentar# +ffairs S- Suresh )umar had said that
the State :o.ernment $as committed to putting an end to manual sca.enging /# !cto/er
2, 2E and declare )arnata&a a Imanual sca.enging6free StateJ- +lthough the official
stand of the :o.ernment of )arnata&a is that there are no persons $or&ing as manual
sca.engers in the State, the realit# of the situation is completel# different and sho$s that
this a/horrent practice is rampantl# present- Despite the la$ /eing in force, and the
ad.isor# ha.ing /een sent, the /latant .iolation of the la$ continues in full force- ,he la2
nature in $hich the officials ha.e failed to register an# complaint, and ta&e an# action, as
re8uired under the ad.isor#, despite this incident s8uarel# falling $ithin the am/it of the
(mplo#ment of Manual Sca.engers and Construction of Dr# 5atrines %Prohi/ition' +ct,
6
1""0, sho$s not onl# la2it# and negligence /ut also a reluctance to implement the statute-
It is this la2it# and reluctance that has resulted in G; cases /eing registered in the State of
)arnata&a under the (mplo#ment of Manual Sca.engers and Construction of Dr#
5atrines %Prohi/ition' +ct, 1""0, despite this practice /eing $idespread in the entire
State, as sho$n in the report of the Directorate of Municipal +dministration-
<bser%ations and Demands of the Team
A1 The practice of manual sca%enging is rampant in %arious regions of the state
of Karnataka1 This is not the first such accident and definitel not the last1
,he 'accident' that resulted in the death of the t$o $or&ers of the Madiga communit#
once again re.eals that the a/horrent practice of manual sca.enging is .er# much present
in the State of )arnata&a- ,he information pro.ided /# Shri Murugan, the sur.i.or from
the incident, clearl# sho$s that the $or&ers had /een emplo#ed /# the o$ners of the
Poornarama Coffee (state at )enchammana *os&ote, +lur ,alu& in order to remo.e the
human e2creta from the &a&&as gundi %pit', $ith their /are hands- ,he# $ere pro.ided
$ith a/solutel# no safet# e8uipments, no glo.es, face mas&s, or /unn# suits- ,he usage of
kakkas gundis implies the e2istence of dr# latrines- ,he lac& of 4nderground drainages
and machines sho$ that the $or& is /eing done onl# manuall#, and hence this practice
$ould /e resorted not onl# /# pri.ate indi.iduals /ut e.en /# go.t agencies
The deaths of the two workers were a result of the %iolation of the 6mploment of
)anual 2ca%enging and $onstruction of Dr &atrines 7!rohibition8 Act, +99:, b
the owners of !oornarama $offee 6state and the failure to implement the Act b the
District Administration of Hassan District1
,his incident clearl# sho$s that the practice of manual sca.enging that is
prohi/ited continues to /e practiced rampantl# not onl# in this district /ut e.er#$here in
the state- (.en $hen such instances come to light, no action $hatsoe.er is ta&en against
the culprits nor an# ameliorati.e or reha/ilitati.e measures to pro.ide relief to the
.ictims- In fact, the po$ra&armi&as $e met in Sa&alaeshpur informed us that the# $ere
not e.en a$are that this practice had /een /anned-
*ence, the denial of the District +dministration that no persons are $or&ing as
manual sca.engers is $ithout an# /asis- +ccording to the Deput# Commissioner, there is
no 4nderground Drainage in the entire area- Machines are a.aila/le onl# in select ur/an
areas and not a.aila/le at all in rural areas- In fact according to a report su/mitted to the
Directorate of Municipal +dministration /# the Director for Planning, District
de.elopment !ffice, *assan as information sought $ith regard to Writ Petition
0221@2" %PI5', there are 'nil' se$erage $or&ers emplo#ed in +lur- + cop# of this
report is enclosed here$ith-
,his /egs the 8uestion, ho$ is the se$age cleaning $or& /eing done, if neither machines
nor human /eings are performing the sameK
Demands
1- It is essential that the practice of Manual Sca.enging is immediatel# stopped
7
e.er#$here in )arnata&a, and the (mplo#ment of Manual Sca.engers and
Construction of Dr# 5atrines %Prohi/ition' +ct, 1""0 /e enacted on $ar6footing
2- ,he meeting to /e con.ened /# the Deput# Commissioner on 0-A-11 should
address and re.ie$ the implementation of the (mplo#ment of Manual Sca.engers
and Construction of Dr# 5atrines %Prohi/ition' +ct, 1""0 and loo& into the present
conditions of persons performing the $or& of manual sca.enging, cleaning of
se$ers, manholes and all other forms of manual sca.enging, and de.elop an
action plan to eradicate the practice in entiret#, and pro.ide all persons permanent
1o/s $ith the go.ernment, and other steps to$ards reha/ilitating them-
0- + comprehensi.e and e2hausti.e sur.e# /e conducted in the entire state of
)arnata&a of all persons performing the $or& of manual sca.enging and their
li.ing and social conditions-
B- (.er# single person performing the $or& of manual sca.enging, irrespecti.e of
the time period for $hich the# ha.e performed this $or&, /e made /eneficiaries of
the comprehensi.e reha/ilitation scheme formulated under the (mplo#ment of
Manual Sca.engers and Construction of Dr# 5atrines %Prohi/ition' +ct, 1""0
=1 Despite the seriousness of the incident which caused the gruesome deaths of
two workers due to culpable negligence, the police ha%e failed to undertake
criminal in%estigation of the case or to initiate an penal action in the matter1
1- With regard to police in.estigation in this case, the fact that the complaint relied on /#
the police to register a 4D7 is contrar# to the information pro.ided to the team /# Shri
Murugan, ma&es the entire en8uir# deepl# suspect- ,he deaths of Shri Made.a and Shri
+r1un are the direct result of the failure of the district administration to perform its dut#
and the .iolation of the la$ /# the o$ners of Poornarama Coffee (state- ,his discrepanc#
in the police report of the case, $hich turns an incident of criminal negligence into an
a.oida/le accident, appears to /e an attempt to ma&e the $or&ers responsi/le for their
o$n deaths in order to let the real culprits go scot6free-
It appears that the families $ere promised compensation of 7s- 2-2< la&hs /# the o$ner
of the estate, and this compensation $as in the nature of a pri.ate settlement and a
compromise $or&ed out to /u# silence from the .ictim families- This results in persons
who blatantl %iolate the law and are responsible and liable for the death of
workers, being left to go free b merel paing a willfull low "compensation"1
2- ,he failure of the Police officials to register an# case against the emplo#ers despite a
clear case /eing made out under Section 0B6+ of the Indian Penal Code, the
(mplo#ment of Manual Sca.enging and Construction of Dr# 5atrines %Prohi/ition' +ct,
1""0, and the 2cheduled $astes and 2cheduled Tribes 7!re%ention of Atrocities8 Act,
+9,9, also betras the partisan nature of the !olice, and their refusal to perform
their constitutional duties1 It must /e stressed that $hen an offence is categoricall#
made out, it is the dut# of the police to immediatel# register the crime and in.estigate
into the matter, and the failure to do so amounts to their failure to perform their
constitutional o/ligations and statutor# duties-
8
Demands
It is necessar# that a criminal case for offences under the Indian Penal Code, the
(mplo#ment of Manual Sca.engers and Construction of Dr# 5atrines %Prohi/ition' +ct,
1""0 and the Scheduled Caste and Scheudled ,ri/es %Pre.ention of +trocities' +ct /e
immediatel# registered against the o$ner of Poornarama (state, and proper in.estigation
/e carried out and the o$ner /e of the estate /e prosecuted under these +cts-
$1 The district administration has failed to announce an compensation to the
%ictims, and inade*uate compensation from the emploers
When the ,eam .isited the families of the deceased t$o da#s after the incident, no
compensation had #et /een paid to them- ,he ,eam $as informed that the families $ere
to /e paid compensation of 7s- 2-2< la&hs /# the o$ner of the estate, $hich is a/#small#
lo$, and $hich according to information recei.ed /# the ,eam on con.ersation $ith the
families of the deceased still has not /e paid to families- It is also essential that the
sur.i.ing $or&ers, Murugan and Man1a, $ho $ere /oth affected /# the no2ious gases
that ha.e long term health impacts, and $ho $ere $itness to the gruesome deaths of their
/lood relati.es, $ho ha.e not /een paid an# compensation $hatsoe.er, also /e
immediatel# compensated-
Howe%er, it is essential to point out that the pament of compensation b the
owners of the estate does not absol%e the state and its agencies of their primar
responsibilit to pro%ide full compensation to the sur%i%ors1 ,he deaths of Shri
Mahade.a and Shri +r1un are the direct result of the failure of the district administration
to perform its dut# and the .iolation of the la$ /# the o$ners of Poornarama Coffee
(state- It is essential to note that, $hen similar incidents occurred in Fangalore and
)-7->agar in M#sore District, the +dministration in each of the cases agreed to a$ard
compensation of 7s- < la&hs, a house and a go.ernment 1o/ to the families of each of the
deceased- *o$e.er, in this case, no such action had /een forthcoming from the District
+dministration-
Demands
1- +de8uate compensation of 7s- 1 la&hs /e immediatel# pro.ided to the families
of the deceased and a compensation of 7s- < la&hs /e pro.ided to Shri Murugan
and Shri Man1a, $ho sur.i.ed this accident-
2- ,he District +dministration pro.ide the reha/ilitation scheme formulated under
the (mplo#ment of Manual Sca.engers and Construction of Dr# 5atrines
%Prohi/ition' +ct, 1""0 to the families of the deceased, to Shri Murugan and Shri
Man1a
0- ,he district administration pro.ide one mem/er of the famil# of the deceased $ith
a permanent 1o/, and a house for the famil#
6nclosed Documents
1- Press cuttings from ',he *indu', and )annada ne$spapers including 'Pra1a.ani',
'3i1a#a&aranata&a', ')annada Pra/ha'-
2- 4nnatural Death 7eport /earing >o- 26@211 of the +lur Police Station
9
0- Photographs of the spot of the incident and the /odies of the deceased
B- Photographs of )ushalnagar slum in Sa&aleshpur $here the families of the
deceased and Shri Man1a and Shri Muruga reside
<- 7eport of the Director for Planning, District De.elopment !ffice, *assan
su/mitted to the Directorate of Municipal +dministration dated 1B@1@211-
6- +d.isor# issued /# the Ministr# of *ome +ffairs to States@4,S and Concerned
Ministries@Departments to Chec& Crimes against SC@S,
A- 7eport of the Directorate of Municipal +dministration that no cases ha.e /een
registered under the (mplo#ment of Manual Sca.engers and Construction of Dr#
5atrines %Prohi/ition' +ct, 1""0
,his interim report has /een prepared /# the P4C5 Cact Cinding ,eam su/se8uent to a
.isit to the families of the deceased persons li.ing in Sa&leshpur, the Deput#
Commissioner at *assan and the 1urisdictional Police Station at +lur ,o$n- ,he Cinal
report $ill /e released su/se8uent to the meeting to /e con.ened /# the Deput#
Commissioner on 0-A-11, $hich is to address and re.ie$ the implementation of the
(mplo#ment of Manual Sca.engers and Construction of Dr# 5atrines %Prohi/ition' +ct,
and the state of manual sca.enging in the district of *assan-
Fact Finding Team
7amdas 7ao Da#anand ,-)-
7aghupath# S- Maitre#i )rishnan
1