Representations on Manual Scavengers’ Death in Bengaluru

Date:14.07.2008

Bangalore

To,
The Chairperson
National Human Rights Commission
New Delhi.

Sub: Death of two workers due to asphyxiation having being trapped in manhole, in Bangalore City

Ref: Case no. 51/10/15/08-09/UC in regard to the death of two manhole workers and injury to five in K.R. Nagar in Karnataka

Dear Sir,

I am receipt of your notice dated 2^nd June 2007 sent to me along with copies to the Chief Secretary of Government of Karnataka. Thank you for registering the case and pursuing the matter.

In this regard I am further enclosing a report on the death of two more workers after being trapped in a manhole in Velankanni Pvt. Ltd. In Electronic City in Bangalore. Please take this record and ensure that justice is done to all families who have lost their breadwinners and also to those injured, probably for life, due to such incidents.

I also request you issue immediate directions to the Government of Karnataka in this regard.

Please also note the change of my address for further correspondence.

Thanking you,

Clifton D’ Rozario
Alternative Law Forum
122/4, Infantry Road
(opposite Infantry Wedding House)
Bangalore 560001

Death of two more workers in a manhole

Fact- Finding Report on the ‘Accident’ at Electronic City (Bengaluru), July 5^th, 2008

The deaths of and injuries to workers cleaning the manholes and drainage system in various cities have now become a regular occurrence. On 09.04.2008 two sewage workers, Kariya (38 years) and Lakshmanna (40) died of asphyxiation after inhaling poisonous gases including carbon monoxide and methane when they entered a manhole to clean it in K.R. Nagar in Mysore district. Four others Palani, S.Palani, Bhandari and Venkatesh were injured while trying to rescue Kariya and Lakshmana.

Just 3 months after that, on 05.07.2008, two more sewage workers, Krishnappa (35 years) and Ramchandra (25 years) died because of asphyxiation after inhaling poisonous gases when they entered a manhole to clean it in Electronic City, the pride of Begaluru.  One more worker, Ramaiya (28 years) is seriously injured and remains in a critical condition battling to stay alive.

Concerned with this alarming accident, we visited the project site, met with the concerned police station and relatives of the injured person.

The ‘Accident’

At around 4.00 pm on 5^th July 2008, in Velankanni Company, Electronic City, 4 workers, Hanumanthappa, Krishnappa and Ramaiya from Shantipura Village (Anekal taluk, district Bengaluru) and Ramchanndra from CK Palya (Anekal taluk, district Bengaluru), all workers under the Contractor, Govind Reddy, were asked to clean the manhole which was blocked. According to the Complaint given to the Police, Hanumanthappa was near the cable pipe, and Ramaiya and Ramchandra went inside the chamber to clean the garbage. Krishnappa followed soon after, into the chamber. When, even after ten minutes, the three workers failed to come out of the chamber, Hanumanthappa went inside to see what had happened. On going close to the chamber, he saw that the three of them were fallen on the floor of the manhole (chamber) amongst the garbage and sewage, and were breathless and were frantically throwing their arms in the air. Hanumannthappa, along with people who were around the area, brought the three of them out of the chamber. By the time they were brought up they were unconscious and were bleeding from their nose and mouth. They were immediately rushed to the St. John’s Hospital, from where Krishnappa and Ramchandra were shifted to Victoria Hospital while Ramaiya was shifted to Garden City Hospital. Krishnappa and Ramchandra were declared dead at the hospital in the evening. Ramachandra is survived by a pregnant wife and a year and half old son, while Krishnappa has a daughter who is of marriageable age.

Ramaiya is presently battling for his life in the ICU of Garden City Hospital, Jayanagar. On 07.07.2008, when we spoke to the doctor, Dr. Raghavendra, he said that the condition of Ramaiya was very critical since he had inhaled a large amount of toxic fumes due to which he was suffering from Chemical pneumonitis and presently had a respiratory attack. Chemical pneumonitis is inflammation of the lungs or breathing difficulty caused by inhaling chemical fumes. Apparently, there are two forms of chemical pneumonitis, acute and chronic. Acute chemical pneumonitis causes swelling of the lung tissue, movement of fluid into the air spaces in the lung, and less ability to absorb oxygen and get rid of carbon dioxide. In severe cases, death may result from lack of oxygen reaching the tissues. Chronic chemical pneumonitis can follow low levels of exposure to the lung irritant over extended periods. This causes inflammation and may provoke fibrosis (scarring) with decreased oxygen exchange and stiffening of the lung. Unchecked, this condition may ultimately lead to respiratory failure and death.

We met with and spoke to Smt. Shamala, wife of Ramaiya at the hospital, who was in tears and extremely worried for his safety and the future of their two children. She said that none they had spent more than Rs. 15000/- on hospital expenses thus far. She also said that the representatives of Velankanni Pvt. Ltd. had come and met them and promised to cover the medical expenses.

On the Complaint of Hanumanthappa, the above incident has been registered as Crime No. 278/08 under 304(A) (Causing death by negligence) and Section 337 (Causing hurt by act endangering life or personal safety of other). The police have named Sukumar Swamy, Ganapati Prasad, Sundar, Shrinivas along with Govind Reddy the Contractor as Accused in the said offence. However, none of the persons named as accused in the FIR have been arrested. (A copy of the FIR is attached as ANNEXURE-A)

Lack of Safety measures

According to the Complaint given by Hanumanthappa, none of the workers had been provided with any safety equipment, including basic protective equipment like masks before going in to clean the manhole.

The network of sewers, underground drains and manholes is extremely dangerous. These are confined, oxygen-deficient spaces where the decomposition and fermentation of sewage produces noxious gases including hydrogen sulphide (known as sewer gas), methane, carbon monoxide, etc., all of which cause death by asphyxiation. The long-term neurological effects of exposure to these noxious gases are also very severe and debilitating.

Two of the workers died because of asphyxiation after inhaling such poisonous gases. Ramaiah, now battling for life, will suffer from the long-term impact if he survives.

‘Compensation’

According to the Electronic City Police, an agreement was reached between the Company and the workers to pay Rs. 6 lacs each to the deceased persons’ relatives and the injured worker apart from bearing all the medical costs. Apart from this, they had also promised a job to the family member of each deceased worker.

However, when we spoke to the relatives of Ramaiya, who is admitted in Garden City Hospital, on 7.07.2008, we were told that they had spent about Rs. 40,000 on their own on his treatment, and the Company had promised to reimburse them these costs only the next day. We tried to contact officials at Velankanni Pvt. Ltd. who eventually refused to comment on the said accident even after we informed them that a report is going to be written and submitted to the relevant authorities.

What needs to be done?

1. The Police must immediately arrested the accused in the FIR, carry out proper investigation and file its charge-sheet within the stipulated period and ensure punishment to those guilty within Velankanni Pvt. Ltd. as well as the concerned Contractors.
2. Ensure that Velankanni Pvt. Ltd. pays just compensation to the families of the deceased and the injured in accordance with the law.
3. Ensure that Velankanni Pvt. Ltd. provides alternative employment to the members of the family of the deceased person.
4. Ensure that Velankanni Pvt. Ltd. takes care of all the medical costs borne by Rammaiyyah, the injured persons till he completely recovers
5. Ensure that all steps would be taken by Velankanni Pvt. Ltd. And the contractors, to provide requisite safety measures to prevent any further injury or death to sewage workers due to the nature of their work.

Thanking You,

Clifton D’ Rozario                Maitreyi Krishnan

Alternative Law Forum
122/4, Infantry Road,
Opposite Infantry Wedding Hall,
Bangalore 560001
Karnataka

Enclosed:

1. Copy of the FIR for Crime No.278/08 along with the complaint given in this regard.
2. Copy of a press report appearing in “The Hindu” dated 6.07.2008 in regard to this incident.

To,
Jst Shri S.R. Nayak,
Hon’ble Chairperson,
Karnataka State Human Rights Commission,
M.S. Building,
Dr. B.R.Ambedkar Veedhi,
Bangalore 560001

Sub: Report on the death of three sanitary workers (manual scavengers) in Karimsaab Layout, Hegganahalli Cross, Peenya 2nd Stage, Bangalore on 9th May 2009

Dear Sir,
It is with utmost pain and anguish that we write to you seeking immediate action in regard to the tragic death of three sanitary workers (manual scavengers) due to asphyxiation when they entered the soak pit of the house belonging to Jayaram @ Jayanna to clean it at Karimsaab Layout (also known as Srigandhanagar), Hegganahalli Corss, Peenya 2nd Stage, Bangalore on 9th May 2009 (Saturday) between 10.00 to 10.30 a.m. in the morning. The three sanitary workers (manual scavengers) are:
1. Rajanna, aged about 35 years, resident of village Tippur, Kodinalli Hobli, Kanakapura taluk. His wife Savitri, 17-year-old son Kiran and 8-year-old son Aruna survive him.
2. Shivu, aged about 33 years, resident of village Dabguli, Magadi is survived by two sons Suji and Santhosh aged 8 years and 9 years respectively. The deceased Shivu’s wife passed away last year.
3. Pampanna, aged about 35 years, resident of Tigalrapalya near Yeshvantpur, Bangalore. His wife Bhagyamma and 7-year-old daughter Shilpa survive him.

The Accident:
According to eyewitnesses the owner of the house, Jayaram, employed these three sanitary workers (manual scavengers) through their Contractor, one Gowda, to clean the soak pit of his house for the sum of Rs. 1,500/-. The three deceased were then brought to the house of Jayaram along with a tractor and other sanitary workers and ordered to clean the soak pit. The soak pit is about 11 feet deep and was partially filled up with human waste. The three deceased persons moved one of the granite slabs that covered the soak pit slightly just enough for one person to lower themselves into the pit. Immediately Rajanna is said to have entered the pit and collapsed. The other two immediately entered the pit to take out Rajanna and collapsed as well. All three died immediately of asphyxiation.
The owner of the house, Jayaram, the Contractor, Gowda and the other workers who came along with the tractor ran away from the spot on seeing that all three sanitary workers (manual scavengers) had collapsed in the soak pit. Then some of the other cleaners working nearby were called and along with the Fire and Emergency Services personnel later entered the pit and removed the dead bodies. By this time someone informed the wife of Rajanna, who immediately came to the spot.
Over the next two hours the families of the other two deceased also came to the spot after they were informed by some acquaintances. The police also arrived at the spot and informed the Deputy Commissioner, the Tahsildar and the local MLA, Shri Muniraju, of the accident. However none of the concerned bureaucrats came to the spot. Around 3.00 p.m. the local MLA, Shri Muniraju came to the spot with his party workers and spoke to the families of the deceased. Shri Muniraju, who belongs to the BJP, on behalf of the State Government, gave Rs. 10,000/- ex-gratia amount to each of the families and assured them that the State Government will provide each family with a free house under the Ashraya scheme and free education for the children of the deceased upto college-level. He also assured the families that they would receive Rs. 25,000/- each from the owner of the house, Jayaram and the Contractor, Gowda. The MLA also assured the families that the State Government, on its part, would also provide further just monetary compensation. The three bodies were then taken in ambulances to Bowring Hospital for the post-mortem.
Copies of photographs of the spot where the incident took place are placed as Enclosure 1. Copies of the reports appearing in various Kannada and English newspapers are placed as Enclosure 2.

Context:
Karimsab Layout (Srigandhanagar) falls within the BBMP limits and previously came under the erstwhile Dasarahalli City Municipal Council (CMC). However, the area lacks basic amenities including roads, drinking water and an underground drainage system.
According to the families of the deceased and the residents of the area, each of the houses has a soak pit in which the human waste from the toilet is collected and cleaned every 3-4 years. The cleaning of these soak pits is done by a gang of about 20 sanitary workers (manual scavengers), including the above three deceased workers, who are employed by the residents of the area through certain contractors. For cleaning the pits the sanitary workers enter the soak pits and with their bare hands fill the human waste into buckets, carry the buckets on their hands and load it onto a tractor. When all the human waste is removed from the soak pit and fully loaded on to the tractor, the human waste is transported outside to some vacant land and the sanitary workers (manual scavengers) empty the tractor-load of human waste on the vacant land using their bare hands.
This daily work of manually cleaning and removing human faeces from the soak pits is manual scavenging and nothing else and is a violation of human rights, a grave infringement of people’s dignity, and the worst form of caste-based discrimination. In Karnataka, as elsewhere in India, manual scavenging is a caste-based occupation carried out by dalits. In a report appearing in the English newspaper “Deccan Chronicle” on 23rd June 23 2008, it was reported that though manual scavenging being banned more than 35 years ago under the Night Soil Carrying System Abolition Act, the Karnataka government is yet to flush out the inhuman practice, and in Bangalore Corporation areas alone there are over 1.5 lakh soak pits in its jurisdiction. Soak pits exist in those largely residential localities of Bangalore where dry toilets are in use since there is no provision for underground drainage (UGD). Needless to add the entire process is inhuman, unconstitutional and in violation of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993.
It is pertinent to note that since 2003 BBMP has introduced a mobile mechanised suction machine to clean soak pits holding human excreta. The device, also known as a septic tank machine, promises to give some succour to workers who currently carry out this activity by hand in about 1.5 lakh houses within the state capital as well as on its periphery. However, the number of machines are negligible and rarely put to use in the emptying of the soak pits ensuring that manual scavengers will be forced to be utilized for this inhuman and unhygienic work.
After the new government came to power in Karnataka in 2008, one of the projects undertaken in is the provision of tar roads in place of the mud roads. At the time of the above-said disaster tar roads were being laid down in the area and the residents of the area were in a rush to clean their soak pits before the tar road was laid. As a consequence over the past few weeks the sanitary workers (manual scavengers) were being employed to clean between 4-5 soak pits a day.

Issues and demands:
The first and foremost issue that emerges here is the fact that dry latrines and soak pits are being used in this area (and other parts of the City and State). This represents the utter failure of the BBMP, BWSSB and the State Government to prevent this illegal form of waste management and instead provide underground drainage (UGD). As most are aware, the Night Soil Carrying System Abolition Act in the State and section 3 of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 prohibits the employment of any person for manually carrying human excreta. The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 punishes the employment of scavengers or the construction of dry (non-flush) latrines with imprisonment for up to one year and/or a fine of Rs 2,000. Offenders are also liable to prosecution under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. This Act is aimed to eradicate a pernicious practice that only dalits were subjected to, aims at restoring the dignity of the individual as enshrined in the Preamble to the Constitution. Hence the State Government must immediately ban this system and direct the BBMP / BWSSB to immediately provide underground drainage facilities in these and all other areas where soak-pit based toilets are being used.

The second issue is the failure of the State Government to provide underground drainage system (UGD) in these and other areas and hence is encouraging the use of soak-pit system and manual scavenging, despite these areas falling within BBMP jurisdiction. It is a fact that the encouragement of this soak-pit system that is the sole reason for the tragic death of the three sanitary workers (manual scavengers) in Karimsaab Layout on 9th May 2009 and hence the BBMP, BWSSB and the State Government has to take responsibility for these deaths and provide just compensation to the families of the deceased workers and immediately ban the soak-pit system and immediately provide UDG in all areas. Without any question, the State Government has to take all steps necessary to implement the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and announce a rehabilitation package under section 6(2)(e) of the said Act for all those sanitary workers (manual scavengers) employed in manual scavenging in regard to soak-pits across the state of Karnataka. Hence the State Government must take all steps towards implementation of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and announcement of a rehabilitation package for all those sanitary workers (manual scavengers).

The third issue is the criminal prosecution of the guilty persons in regard to this accident including the owner of the house, the Contractor and the BBMP and BWSSB officials by invoking the relevant provisions under the Indian Penal Code and section 3 of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. Hence the police department must register criminal case against the accused under the abovementioned sections.

Finally, it is only fair that the State Government announce a comprehensive compensation package for the families of the deceased workers including a monetary compensation of Rs. 10,00,000 (Rupees Ten Lakhs only), a free house, a government job and free education for the children for each of the families of the deceased.

Thanking you,

Aditya (Peoples Union for Civil Liberties)

Clifton D’ Rozario (Alternative Law Forum)
Mallige & Gowri (Samanatha Mahila Vedike)
Kumar & Satya (Karnataka Janapara Vedike)
Devraj (Samvada)

Copies to:
(1) Chief Minister, Government of Karnataka
(2) Jst Shri S.R. Nayak, Hon’ble Chairperson, Karnataka State Human Rights Commission, Bangalore
(3) Principal Secretary, Urban Development Department, Government of Karnataka
(4) Commissioner, Bruhat Bengaluru Mahanagara Palike
(5) Deputy Commissioner, Bangalore Urban District
(6) Chairman, BWSSB

23rd April, 2008
Bangalore

To,
The Chairman,
National Human Rights Commission,
New Delhi.

Sir,
Sub: Death of 2 sewage workers in manhole due to asphyxiation

I am writing to you in regard to the recent death of two safai karamcharis in a manhole in K.R. Nagar (near Mysore city), Mysore district, Karnataka due to asphyxiation (detailed note annexed).

This is not the first time that a safai karamchari has died in such manner, and from the prevailing conditions it does not appear that this will be the last. The elected representatives and bureaucrats have all turned a blind eye to the sufferings of dalits who are predominantly engaged in this work. In this context, the NHRC must take cognizance of this matter and pass necessary orders as listed below:

1. Direct the state government and K.R. Nagar Town Municipal Corporation to pay compensation of atleast Rs. Rs 10 lakhs as compensation for death to the families of the two workers, Kariya and Lakshmana.
2. Direct the state government and K.R. Nagar Town Municipal Corporation to pay compensation of atleast Rs. 3 lakhs as compensation to all four – Palani, S. Palani, Bhandari and Venkatesh – who were all injured in the incident.
3. Direct that the state government and municipal corporation carry out comprehensive medical checkup of all the sewage workers across the State and thereafter to provide them comprehensive medical treatment free of cost for as long as the treatment is required, and, at the same time pay the workmen full wages and all benefits for the entire period for which they are away from work undergoing treatment.
4. Pass orders prohibiting the use of dalits and others from doing this form of work, which is not only inhuman but also unhygienic and dangerous to life (on lines of the judgment of the Gujarat High Court).
5. Pass orders directing the state government and municipal corporation to provide alternative employment in the respective urban local bodies to all sewage workers irrespective of whether they are permanent workers, daily wage workers, contract workers or employmentin any other way as sewage workers.
6. Until such time that orders 4 and 5 are implemented, pass orders to ensure that:
a. All workers, whether permanent or those employed on contract/daily wage, etc. basis would be provided with bunny suits, protective gear and all such equipment necessary for their safety and hygienic conduct of the work.
b. Workers employed for such work on contract/daily wage, etc. would be paid wages, bonus, ex-gratia, etc. on par with the permanent workers.
c. Workers employed for such work on contract/daily wage, etc. would be entitled to the same benefits including holidays, ESI, pension, etc. as enjoyed by the permanent workers.
d. All steps would be taken to prevent any further injury or death to sewage workers due to the nature of the work.

Thanking you,

Clifton D’ Rozario
Alternative Law Forum
No. 4, 3rd Cross (ground floor)
(adjacent to Synidcate bank)
Vasanthnagar
Bangalore 560052
Karnataka

Enclosed:
1. Detailed note on the incidents leading up to the death of the two sewage workers and injury to four sewage workers in K.R.Nagar in Karnataka.
2. Copy of the resolution passed by K.R.Nagar Town Municipal Corporation in regard to this incident and the compensation to those dead and injured.
3. Copy of a press report appearing in “The Hindu” dated 10.04.2008 in regard to this incident.
4. Copies of few articles on the manhole accidents leading to the deaths of sewage workers.

Complaint to the SHRC in regard to the deaths of 3 persons due to asphyxiation in a manhole in Yelahanka on November 14th, 2008

17th November 2008
Bangalore
To,
The Chairperson,
State Human Rights Commission,
M.S. Building, Dr. B.R.Ambedkar Veedhi,
Bangalore.

Dear Sir,
We would like to bring to your attention the death of three persons in a manhole in Yelahanka on 14th November 2008, caused due to the sheer neglect and negligence of the BWSSB and the Contractor. The details of the deceased are given below:
1. Amaresh, aged about 23 years, s/o Gundappa, Guddanal village, Lingasur Taluk, Raichur district
2. Narasimha, aged about 43 years, s/o Krishnappa, 3rd Cross, Leggere Bridge, Swasantra Yuvakara Nagara, Bangalore,
3. Srinivas about 23 years, s/o Kuntu Krishnappa, Veeranjaneya Nagara, Gokula College Road, Kolar

Reports appearing in various newspapers reporting this incident are placed as Enclosure 1.

The deaths of and injuries to workers cleaning the streets and the drainages in the city have now become a regular occurrence. In the last 7 months, there have occurred two serious ‘accidents’ in Bangalore and K.R.Nagar (near Mysore) that have caused the death of 4 workers. We have brought these to the attention of the SHRC. The case of K.R. Nagar is registered as HRC No. 1795/08.

While the abovementioned three incidents have come to public notice, most accidents are covered up, failing to reach the ears of the public and result in hushed up deaths and no compensation. There are various estimates of the number of sewage workers who die in manholes every year across India. According to information procured under RTI for the years 1996 to 2006, the Safai Kamgar Vikas Sangh has found that, in Mumbai alone, atleast 25 deaths occur every month. The chairperson of the National Commission of Safai Karamcharis, Shri Santhosh Choudhary, has gone on record to say that atleast 2-3 workers must be dying everyday inside manholes across India.

The ‘Accident’
The latest to join this list is the ‘accident’ that occurred at Yelahanka New Town on 14th November 2008, which resulted in the death of three persons. At around 2.30 pm, Amaresh [aged about 23 years] and Narasimha [aged about 43 years] were hired by the contractor Gangadhar to clean a manhole at the dairy circle near Telecom Exchange Quarters, Yelahanka New Town. BWSSB had engaged the services of Contractor Gangadhar to clean all the drains in Yelahanka New Town.

At around 3.20pm, Narashima climbed into the manhole to clean it. He was half way down when the ladder which was rusted collapsed and made him fall deep down. In order to help him out, Ambarish went into the manhole, but himself fell inside. Hearing the screams, Srinivas [about 23 years] an auto driver who was passing by went into the manhole to help the two of them, also got trapped in the manhole and died.

Persons who noticed Srinivas entering the manhole, grew suspicious when he did not come up, and alerted the police. Fire force personnel reached at around 3.30 p.m., by which time all three were dead. Their bodies were then lifted out and shifted to Dr B.R. Ambedkar Medical Hospital. Shri Katta Subrmanya Naidu visited the spot and announced that the families of the deceased would be given Rs. 1 lakh each.

The Yelahanka Police Station has registered a police case as under 304(A)(Causing death by negligence) against the Contractor Gangadhar and the BWSSB Engineer and Supervisor. While the BWSSB officials have been arrested and released on bail the Contractor is still absconding.

News of this incident spread among the relatives of Amaresh who is from Raichur district, and who work in Bangalore as construction workers. Hundreds of people gathered the next day (15th November) at B.R Ambedkar Medical College to protest against this incident and demanded for just compensation to be paid and action be taken to prevent any further such accidents. The family and relatives of the deceased along with hundreds from their villages and leaders of various Dalit Organisations demanded immediate action and refused to hand over the dead bodies for post mortem, until such compensation was paid. They demanded that each family must be given compensation of Rs. 5 lakhs, a government job and a house. We are placing the letter from the BWSSB promising enhanced compensation, government job and house for each of the families of the deceased as Enclosure 2.

Shri Basavaraj, Chief Engineer, BWSSB, along with the Private Secretary of Shri Katta Subramanya Naidu and senior police officials were present at the hospital and spoke to the families of the deceased. In the evening, Shri Basavaraj, Chief Engineer, BWSSB, agreed to all the demands and gave a written assurance that the families of the victims would be given compensation of Rs. 3 lakhs each, of which Rs. 1 lakh was paid at that point and a further amount of Rs. 2 lakhs would be paid within the next week. The BWSSB also gave each family Rs. 20,000 each for funeral expenses and provides ambulances to transport the bodies of the deceased to their respective villages in Kolar, Chikkaballapur. Shri Basavaraj also stated that the BWSSB will recommend and ensure that the State Government provides the remaining 2 lakhs and houses under the Ashraya Scheme. Shri Basavaraj also assured the families of the deceased that preference would be given to family members of the deceased when application were called for jobs in the BWSSB in January, 2009.

‘Safety measures’
The network of sewers, underground drains and manholes is extremely dangerous. These are confined, oxygen-deficient spaces where the decomposition and fermentation of sewage produces noxious gases including hydrogen sulphide (known as sewer gas), methane, carbon monoxide, etc., all of which cause death by asphyxiation. The long-term neurological effects of exposure to these noxious gases are also very severe and debilitating.

Workers who perform the task of going into manholes are required to be given special training and safety equipment because of the hazardous nature of the work.

The Gujarat High Court in its order passed in February 2006 in a special civil application filed by Ahmedabad based NGO Kamdar Swasthya Suraksha Mandal, held that “…unless it is absolutely necessary to have sewage cleaning operation done through a human agency, none of the civic bodies in the State will now employ the human agency to carry out drainage cleaning operation…” They also gave the following directions where the ‘human agency is required to be applied for cleaning operation’,
“(1) Whenever, a sewerage worker is required to enter the manhole before his entry into manhole, proper checking to be made to see that he is not likely to be affected by the poisonous gases. Moreover, he shall be provided with all safety equipments such as oxygen mask, helmet, goggles, gumboots, air blower, safety belt, torch etc. The office on the spot should enforce the workers to abide by the safety Rules and Regulations and to see that he can properly utilize the safety equipments that are given to him.
(3) Before commencement of the cleaning operation, the officers on the spot should compulsorily do the sampling of the water as well as gas and if it is found that either of it is likely to adversely affect the health of the worker, he should not be allowed to enter the manhole. The Civic bodies to compulsorily have the equipments designed in the manner that would help preventing the accidents in the drainage like the gas detector which will find out the presence of poisonous gases and its intensity.
(5) The worker should be given training on the issues relating to health and safety. They should be made aware of working conditions for e.g., presence of poisonous gases and other hazards inside the manhole. They should also be imparted proper training for knowing the pros and cons of their work and to take preventive measures….”

However, there is a complete lack of any safety equipment or any training that is provided to the workers. It is important to note that the contracting out of works of such a hazardous nature, further increases the dangers involved, as there is no means to ensure that safety equipment or training is provided to the workers. This has forced workers to come up with their own methods of checking the concentration of noxious gases in the manhole before entering them. After opening the manhole cover, they let it vent a while, then light a match and throw it in. If there’s methane, it burns out. Once the fire abates, the worker prepares to enter.

In the present instance, no safety equipment or training was given to the workers. Further, the workers who entered the manhole were not regular sewage cleaners, but were construction workers who were asked to perform this task by the contractor, and were therefore neither aware nor informed of the safety precautions to be taken before entering the manhole. What makes it worse is that the reason Narashima fell into the manhole was that the ladder he was provided with was rotten. Not only were no safety equipment given, but even the tools provided to perform the work was damaged thus, costing them their lives.

Prayers:

In regard to the deaths of the three persons in Yelahanka –
1. Direct the BWSSB and the State Government to fulfill the promises made to the families of the deceased of increased compensation, government jobs and houses as accepted in the letter of the Chief Engineer, BWSSB.
2. Ensure that the Police carry out proper investigation and file its charge-sheet within the stipulated period and ensure punishment to those guilty including the BWSSB officials and the concerned Contractor.

In regard to the the thousands of powrakarmikas employed in sewer cleaning and management across the State of Karnataka –
3. Directing the BWSSB and the State Government to formulate precise Sewer Entry Guidelines (we are placing on record the Sewer Entry Guidelines formulated by the Government of Alberta in Canada as Enclosure 3) to be applicable across Karnataka.
4. Ensure that steps would be taken to provide requisite safety measures to prevent any further injury or death to sewage workers due to the nature of their work.
5. Direct the State Government to formulate a Compensatory and Accountability Policy detailing the accountability and responsibility for accidents, details of financial and other compensation to be given to those injured and the families of the deceased in such incidents.
6. Direct that the state government and municipal corporation carry out comprehensive medical checkup of all the sewage workers across the State and thereafter to provide them comprehensive medical treatment free of cost for as long as the treatment is required, and, at the same time pay the workmen full wages and all benefits for the entire period for which they are away from work undergoing treatment.
7. Direct the State Government to provide all workers, whether permanent or those employed on contract/daily wage, etc. basis with bunny suits, protective gear and all such equipment necessary for their safety and hygienic conduct of the work. It is pertinent to note that the “Report of the Committee on the Improvement of Living and Working Conditions of Sweepers and Scavengers” dated April 1976, commonly known as the Shri I.P.D. Salappa Report had recommended in 1976 itself that protective gear should be provided to all workers and that they should also receive better wages. A copy of the relevant extracts of the Salappa Report is placed as Enclosure 4.
8. Direct the State Government to pass Orders stipulating that workers employed for such work on contract/daily wage, etc. would be paid wages, bonus, ex-gratia, etc. on par with the permanent workers and be be entitled to the same benefits including holidays, ESI, pension, etc. as enjoyed by the permanent workers.
9. Direct the BWSSB to provide mobile decontamination facility for workers with proper washing and bathing facilities with soap.
10. Pass any other Orders that the SHRC may deem fit.

We are placing the report on the deaths of 2 workers in a manhole in Electronic City on 5th July 2008 as Enclosure 5.

Thanking You,