State Liability and Enhanced Compensation for Manual Scavenging Deaths Occurring in Private Premises
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Case: SHARDA MAROTI CHOPWAD AND ANOTHER v. THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND OTHER
Court: Bombay High Court
Date: 06-07-2026
Law: Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, Constitution of India, Law of Tort.
Highlights of the Judgment:
- Interpretation of the PEMSR Act, 2013 regarding State liability for hazardous cleaning deaths occurring on private premises.
- Application of the Supreme Court mandate in Balram Singh vs. Union of India to enhance compensation to Rs. 30 lakh.
- Analysis of the statutory duties of District Magistrates and local authorities under Sections 18 and 19 of the Act.
- Judicial enforcement of constitutional guarantees of dignity and freedom from exploitation under Articles 17 and 21.
- The legal mechanism for the State to recover compensation amounts from private individuals responsible for illegal employment.
- Mandatory implementation of rehabilitation measures for dependents of deceased scavengers under Section 13.
- Clarification that State responsibility for compensation persists regardless of the private nature of the employment contract.