M. Mariammal vs The Superintendent of Police

P. Devadass, J.—Mariammal, the widow of one Madasamy, came forward with this petition for a direction under Section 482 Cr.P.C. to include the relevant penal provision, namely, Section 7 of Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 in the F.I.R. Al, namely, Amaladass, Owner of an H.P. Petrol Bunk situate on the Sattur-Koilpatti Highway and A2, Martin its Supervisor, on 19.06.2014, requested the services of Nagaraj, Madasamy, Raju, Moorthy, Sudalai and Ondi Veeran to clean the Septic Tank. Unfortunately, while doing the cleaning work, one Raju fell into the Septic Tank and the husband of the petitioner also followed him. Both of them died. In the circumstances, co-worker Nagaraj lodged complaint with the third respondent. A case for an offence under Section 304 I.P.C. was registered as against A1 and A2. Now, the investigation is going on.

It has been submitted by the learned Government Advocate (Criminal side) that the Investigation Officer is awaiting receipt of chemical report.

Now, what is sought for in this petition is inclusion of Section 7 of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 (46 of 1993) in the F.I.R. and investigate accordingly.

In Safai Karamchari Andolan and Others Vs. Union of India (UOI) and Others, , the Hon''ble Apex Court considered the scope, application and protection under the said Act. This Act is intended to provide monetary relief, various measures and benefits to the persons employed as Manual Scavengers and to the persons employed to clean Septic Tank and inter-alia. The Act also contemplates prosecution. One of its penal provision is Section 7.

The objective behind the claim of the widow of the deceased to includes the said Section of law in the F.I.R. is, to facilitate her to get the various benefits available under the Act.

There is a prima-facie case for an offence under Section 7 of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 (46 of 1993). The Investigation Officer is bound to include the said Section also in the F.I.R. and divert his investigation accordingly.

In the circumstances, the Inspector of Police, Sattur Taluk Police Station, Virudhunagar District is directed to include Section 7 of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 (46 of 1993) in Cr. No. 149 of 2014 and proceed further in accordance with law. With this direction, this Criminal Original Petition is disposed of.