NHRC instructions on manual scavenging sent to wrong dept

An NGO and local residents complained about manual scavenging at Baiganwadi near Govandi

The law division of the National Human Rights Commission (NHRC) on Tuesday sent a reminder to the city collector to submit an action-taken report on manual scavenging in Mumbai, as per its directions in a letter dated May 1, as the deadline for the same had elapsed. However, mid-day has learnt that the NHRC had issued the letter to the wrong department. It was addressed to the district magistrate (city), while the area where instances of manual scavenging were reported falls under the jurisdiction of the district magistrate (suburban).

Following a complaint by an NGO and local residents about manual scavenging and manual cleaning of nullahs with bare hands at Govandi, the NHRC, directed the city district magistrate to act on the issue and asked the DM's office to submit a report on the matter and an action-taken report within four weeks. Residents had submitted photos of male and women labourers unclogging drains and removing filth from a manhole without protective gear or gloves at Baiganwadi near Govandi.

The letter dated May 1 read: "The complainant Faiyaz Alam Shaikh, a resident of Mumbai, has alleged that the victims were engaged as manual scavengers. They were found cleaning gutters manually with their bare hands. Transmit a copy of the complaint to the district magistrate, Mumbai, for a report on the matter within four weeks. The commission shall be constrained to invoke coercive process u/s 13 of the Protection of Human Rights Act, 1993 calling for a personal appearance of the authority concerned for submission of the report, in case the report is not received within the stipulated time."

After the deadline elapsed, the national human rights body's deputy registrar (law) wrote another letter to the city collector on June 13. It read, "I am to invite your attention to this commission's direction dated May 1, 2023, wherein an action-taken report in the matter above-mentioned was called for within four weeks from the date of receipt of the letter. The requisite report has not been received within the stipulated time. You are, therefore, requested to submit the requisite report to the commission by July 7, 2023."

Rajeev Nivatkar, district magistrate, Mumbai City, said, "My office issued a letter to the suburban collector on May 8 on the matter. The matter pertains to them, and a copy of the same was sent to the commission." Meanwhile, on Wednesday, Additional District Magistrate, Mumbai City, Sadanand Jadhav, replied to the reminder, stating that the matter concerns the suburban collector.

Shaikh said, "Though prohibited, manual scavenging continues to take place across Mumbai and the Mumbai Metropolitan Region. In April, we found manual scavengers entering and cleaning nullahs in Govandi and Chembur without safety gear. These issues need to be addressed at the earliest. Now, it is stuck in the jurisdiction game. I hope the suburban district magistrate takes timely action." Dr Rajendra Bhosale, district magistrate (suburban), said "Yes, the matter has been forwarded to us. We will look into the issue and reply to the NHRC accordingly."

June 13
Day reminder letter was sent