We want to see what the Police did: Karnataka High Court directs State to submit investigation report on death of two manual scavengers

The Karnataka High Court on Wednesday directed the State government to produce a report of the probe into the recent deaths of two manual scavengers who had suffocated in a manhole in Kalaburagi on January 28..The order passed to this effect by a Bench of Chief Justice Abhay Shreeniwas Oka and Justice SS Magadum reads as follows:."Before we deal with the issue, we direct the State government to produce a report in the investigation in the matter connected to FIR..... at the 14th Kalaburagi Police Station. Report will be submitted in a sealed cover. ".When the matter came up for hearing, the Bench had remarked,"We want to see what the Police have done in the matter..".Advocate Clifton D'Rozario had submitted that the two deceased persons were asked to enter the sewer hole by their contractors. Till now, the latter have not been arrested, contended Senior Advocate Jayna Kothari..D'Rozario further added,"This is not an accident, this is something that you know will happen...It is not death by negligence when there is a likelihood of a person dying. They (contractors) knew there was sewer gas in the manhole.".After hearing these submissions, the Court posed the following questions to the State government:"Has any officer been appointed to make an inquiry in the matter?In the employment agreement, is there any condition that no person should be forced to enter a manhole? Because then it will amount to manual scavenging. It is prohibited in law. That Clause has to be there.".During the hearing, the State had informed the Bench that a compensation of Rs 10 lakh would be disbursed to the families of the deceased. .As the hearing drew to a close, Advocate Shridhar Prabhu submitted that the defence that persons have voluntarily entered the manhole cannot be accepted..During a previous hearing, the Court had pulled up the State government for failing to implement provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act (Manual Scavengers Act) and connected Rules despite a series of directions issued by the High Court in this regard..State Government failed to implement Prohibition of Employment as Manual Scavengers Act and Rules despite Court orders: Karnataka High Court