Complaint against engaging persons for manual scavenging has to be made before the judicial magistrate, not before police: Karnataka High Court
1 year, 1 month ago

Complaint against engaging persons for manual scavenging has to be made before the judicial magistrate, not before police: Karnataka High Court

The Hindu  

The complaints against employing or engaging persons for manual scavenging, contrary to the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, will have to be made before the jurisdictional judicial magistrate and not before the police, said the High Court of Karnataka. The complaint is required to be made to the magistrate,” the High Court said. FIR quashed The court quashed a First Information Report registered against the petitioner under Section 7 of the Act for violating the provision that prohibits directly or indirectly engaging or employing persons for hazardous cleaning of sewers and septic tanks. As per the provisions contained under Section 10 of the Act, it is only upon a “complaint” that a court has to take cognizance of any offence punishable under this Act, the High Court said, while pointing out that a complaint, as per Section 2 of the Code of Criminal Procedure, “means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.” As the jurisdictional health official had lodged complaint/report with the police, who have no power under the Act to receive complaint, the FIR registered against the petitioner cannot be sustained in law, the High Court said.

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History of this topic

Madurai HC orders status report on manual scavenger rehabilitation
7 months ago

Madurai HC orders status report on manual scavenger rehabilitation

New Indian Express  

MADURAI: The Madurai Bench of the Madras High Court has directed the Virudhunagar district collector and the Madurai corporation commissioner to file a status report on a petition seeking the rehabilitation of manual scavengers. The petition was filed by advocate A. Sahaya Philomin Raj, who argued that despite the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, …

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court
7 months, 2 weeks ago

Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that when a government employee is accused of criminal misconduct for demanding and accepting a bribe, he will have to come out clean in a trial and even if he is exonerated in a departmental enquiry, the same would not come in the way of continuing the criminal trial against him. Manjunath had challenged …

Allegation Of Professional Misconduct Cannot Be Levelled By Party For Whom The Advocate Did Not Appear: Karnataka High Court
8 months, 3 weeks ago

Allegation Of Professional Misconduct Cannot Be Levelled By Party For Whom The Advocate Did Not Appear: Karnataka High Court

Live Law  

The Karnataka High Court has quashed a notice issued by the State Bar Council to a 71-year-old Advocate pursuant to 'professional misconduct' allegations levelled against him by the opposite party in a suit, i.e. A single judge bench of Justice M Nagaprasanna allowed the petition filed by Advocate Paras Jain, and said, “The complainant had no locus to file the …

Manual Scavenging Is State Sanctioned Casteism, Stark Reminder Of Deep-Rooted Discrimination: Madras HC Issues Guidelines For Eradication
10 months, 2 weeks ago

Manual Scavenging Is State Sanctioned Casteism, Stark Reminder Of Deep-Rooted Discrimination: Madras HC Issues Guidelines For Eradication

Live Law  

Lamenting over the persistence of manual scavenging in today's day and age, the Madras High Court has issued a slew of guidelines to eradicate manual scavenging and to ensure compliance with the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The court was hearing a plea by Safai Karamchari Andolan seeking to eradicate manual scavenging in the …

Karnataka High Court Expresses Concern Over 'Haystack Of Frivolous Cases' Under SC/ST Act, Asks Police To Verify Allegations While Registering Crime
1 year, 4 months ago

Karnataka High Court Expresses Concern Over 'Haystack Of Frivolous Cases' Under SC/ST Act, Asks Police To Verify Allegations While Registering Crime

Live Law  

The Karnataka High Court recently while quashing the criminal proceedings initiated against a school headmaster under the Scheduled Castes and Scheduled Tribes Act, by a school teacher, observed, “Haystack of frivolous cases have mushroomed to a large extent that searching a genuine case in the haystack has become like searching for a needle in a haystack, as most the cases …

Supreme Court Asked Centre To File Updated Affidavit In Plea Seeking Criminal Action Against Persons Employing Manual Scavengers Within 3 Weeks
2 years, 5 months ago

Supreme Court Asked Centre To File Updated Affidavit In Plea Seeking Criminal Action Against Persons Employing Manual Scavengers Within 3 Weeks

Live Law  

The Supreme Court, on Thursday, asked the Union Government to file an updated affidavit in a plea seeking initiation of criminal proceedings against officials, agencies, contractors or any other person involved in engaging or employing manual scavengers resulting in their death at work, within a period of 3 weeks. The PIL filed by "Criminal Justice Society of India" also prays …

Manual Scavenging: Madras High Court Directs State To Submit Report On Compensation Paid And Rehabilitation Measures Taken In Four Weeks
3 years, 3 months ago

Manual Scavenging: Madras High Court Directs State To Submit Report On Compensation Paid And Rehabilitation Measures Taken In Four Weeks

Live Law  

Today, Madras High Court has directed the state to submit a report detailing i) the quantum of compensation paid to the families of deceased manual scavengers so far, and ii) rehabilitation measures undertaken for the benefit of family members of those manual scavengers. The court was hearing a batch of petitions preferred seeking directions to ensure the eradication of manual …

Karnataka HC tells govt to ensure strict adherence to rules on manual scavenging
3 years, 6 months ago

Karnataka HC tells govt to ensure strict adherence to rules on manual scavenging

Hindustan Times  

Karnataka high court on Monday asked the state government to ensure strict compliance of rules with regard to manual scavenging. A division bench of acting Chief Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum said that the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 and the rules must be followed in such cases. “The persons …

Employment Of Manual Scavengers: Karnataka HC Warns District Magistrates Of Contempt, Asks States To File Status Report
3 years, 6 months ago

Employment Of Manual Scavengers: Karnataka HC Warns District Magistrates Of Contempt, Asks States To File Status Report

Live Law  

Observing that "henceforth, in the state of Karnataka, there shall be no manual scavenging ignoring the statutory provisions of the Act and Rules," the Karnataka High Court on Monday directed District Magistrates of the concerned districts to ensure proper compliance of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. A division bench of Acting Chief Justice …

Employment Of Manual Scavengers: Karnataka HC Warns District Magistrates Of Contempt, Asks States To File Status Report
3 years, 6 months ago

Employment Of Manual Scavengers: Karnataka HC Warns District Magistrates Of Contempt, Asks States To File Status Report

Live Law  

Observing that "henceforth, in the state of Karnataka, there shall be no manual scavenging ignoring the statutory provisions of the Act and Rules," the Karnataka High Court on Monday directed District Magistrates of the concerned districts to ensure proper compliance of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. A division bench of Acting Chief Justice …

Madras HC to Initiate Criminal Proceedings Against Civic Chiefs over Manual Scavenging Deaths
4 years ago

Madras HC to Initiate Criminal Proceedings Against Civic Chiefs over Manual Scavenging Deaths

News 18  

Manual scavenging continues to haunt Tamil Nadu. The first bench of the Madras high court represented by Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamurthy ruled that criminal proceedings will be initiated against the civic body chiefs like municipal commissioner or corporation commissioner if people die due to manual scavenging. It is really painful to hear that 6 people have …

Issue Directions To All Authorities To Stop Manual Scavenging : Karnataka High Court Directs State Govt
4 years, 1 month ago

Issue Directions To All Authorities To Stop Manual Scavenging : Karnataka High Court Directs State Govt

Live Law  

The Karnataka High Court on Wednesday suggested to the State government to consider issuing a general direction to all authorities and agencies and instrumentalities of the state for implementation of Rule 3, of The Prohibition of Employment as Manual Scavengers and their Rehabilitation Rules, 2013. A division bench of Chief Justice Abhay Oka and Justice Sachin Shankar Magadum said "The …

Manual Scavenging Most Inhuman; Violates Article 21 : Karnataka High Court Issues Directions To Implement Manual Scavengers Act 2013
4 years, 3 months ago

Manual Scavenging Most Inhuman; Violates Article 21 : Karnataka High Court Issues Directions To Implement Manual Scavengers Act 2013

Live Law  

The Karnataka High Court on Wednesday issued several directions to the state government to ensure proper implementation of the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. Accordingly, the bench issued the following directions: *The State Government shall place on record the details about the number of First Information Reports registered for the offences …

Madras HC Directs State Govt To File Report On Steps Taken For Rehabilitation Of Manual Scavengers [Read Order]
5 years, 1 month ago

Madras HC Directs State Govt To File Report On Steps Taken For Rehabilitation Of Manual Scavengers [Read Order]

Live Law  

The Madras High Court on Monday asked the State government as to what steps have been taken for the rehabilitation of the families of manual scavengers, apart from payment of compensation to bereaved families. The directions have been passed in a batch of writ petitions, filed against the State for failing to curb manual scavenging, resulting into death of several …

Telangana State Legal Services Authority Secures Rs 75 Lakh Compensation For Dependents Of Deceased Manual Scavengers
5 years, 4 months ago

Telangana State Legal Services Authority Secures Rs 75 Lakh Compensation For Dependents Of Deceased Manual Scavengers

Live Law  

In a special program held in the premises of the Telangana High Court on Tuesday, Chief Justice Raghvendra Singh Chauhan handed over compensation cheques worth Rs. The move comes in line with the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, which was enacted after the Supreme Court asked the Centre to abolish manual scavenging. Pursuant to …

With Report Of One Manual Scavenger Dying Every Five Days, PIL In SC For FIR In Every Such Death Since 1993 [Read Petition]
6 years, 2 months ago

With Report Of One Manual Scavenger Dying Every Five Days, PIL In SC For FIR In Every Such Death Since 1993 [Read Petition]

Live Law  

With one manual scavenger reportedly dying at work every five days despite India having declared manual scavenging illegal in 1993, the Criminal Justice Society of India has moved the Supreme Court seeking initiation of criminal proceedings for culpable homicide not amounting to murder against officials, agencies, contractors or any other person involved in engaging or employing manual. With one manual …

Manual scavenging is a contravention of human rights: Madras High Court
7 years, 8 months ago

Manual scavenging is a contravention of human rights: Madras High Court

Firstpost  

manual scavenging was prima facie a contravention of human rights and the right to live with dignity as per the Constitution, the Madras High Court today directed the Centre and the Tamil Nadu government Holding that manual scavenging was prima facie a contravention of human rights and the right to live with dignity as per the Constitution, the Madras High …

Manual scavengers' plea goes down drain
7 years, 9 months ago

Manual scavengers' plea goes down drain

Deccan Chronicle  

Chennai: Call it hushing up of the whole issue or the indirect promotion of manual scavenging. More than 3,000 manual scavengers from various districts of Tamil Nadu are waiting in hope to sign up the self-declaration forms and receive government’s lumpsum dole of Rs 40,000 and a monthly pension of Rs 7,000, in return for their pledge, said Samuel Velanganni, …

SC upset at delay in passing manual scavenging Bill
12 years, 2 months ago

SC upset at delay in passing manual scavenging Bill

The Hindu  

The Supreme Court on Tuesday expressed serious concern at the inordinate delay in Parliament passing the Prohibition of Employment as Manual Scavengers and their Rehabilitation Bill. The committee would expedite the proceedings.” He assured the court that within three months he would also review the Bill and make adequate changes like widening the scope of definition of “Manual Scavenger.” Mr. …

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