NCSC initiates inquiry into Ambujwadi toilet tank deaths

NCSC’s decision came after a criminal lawyer Sagar Charan wrote to the body on Saturday, alerting them about the deaths. Charan attached HT’s report on the mishap that claimed the third life along with the letter addressed to NCSC

MUMBAI:

a father and his two sons after they became unconscious from toxic fumes emanating from an underground tank in a public toilet in Ambujwadi, Malad, last week. (Satish Bate/ HT Photo)

The National Commission for Scheduled Castes (NCSC) has started an inquiry into the deaths of a father and his two sons after they became unconscious from toxic fumes emanating from an underground tank in a public toilet in Ambujwadi, Malad, last week. While Suraj Kevat, 18, and Vikas Kevat, 20, died on the night of the incident on Thursday, their father Ramlagan, who was being treated at Shatabdi Hospital in Kandivili, passed away on Saturday.

Alongside, the P North ward’s assistant commissioner Kiran Dighavkar said, “I have given 15 days to the ward’s executive engineer to conduct a technical inquiry of the tank itself.” This is to settle the debate whether it is a water or septic tank, and if it had any technical faults. The Brihanmumbai Municipal Corporation’s (BMC) preliminary report had termed it a septic tank, although police and locals were of the opinion it was a water tank, with a possible leak that led to the transmission of fecal matter and fumes from the septic tank next to it.

NCSC’s decision came after a criminal lawyer Sagar Charan wrote to the body on Saturday, alerting them about the deaths. Charan attached HT’s report on the mishap that claimed the third life along with the letter addressed to NCSC. The body then wrote to the collector, municipal commissioner and commissioner of police, asking them to submit a report on their course of action in three days. In the report it has asked for information about the incident, victims, the accused, action taken on the accused and compensation amount given to the victim’s family.

“The case now hinges on whether it is a septic or water tank, and the cause of deaths revealed by the postmortem,” said Charan. “If it is a septic tank, there is no doubt that it is a case of manual scavenging. If it is a water tank with possible excreta, the deaths would be due to negligence on part of BMC. But if the postmortem report lists the cause of death as asphyxiation due to human excreta, it can still be a case of manual scavenging.”

Additionally, he said, if the deceased were from the scheduled caste community, the inclusion of Prevention of Atrocities Act would become mandatory. The family belongs to the Nishad caste, from Uttar Pradesh. Members of this caste traditionally ferry people on boats across the Ganga river, said Ram Ratan Kevat, Ramlagan’s younger brother. The Nishads have demanded inclusion in the SC category; they are now in the OBC category.

The victims who were cleaning the tank, and lost consciousness thereafter, were a part of the community-based organisation (CBO) tasked with maintaining the toilet. The police have registered cases against both the CBO and BMC, based on complaints by the deceased’s family who blamed BMC of negligence causing the deaths. They added their repeated reminders for repairs to the toilet went unattended.

“The NCSC has the powers of the civil court. These cases will be taken up based on the investigations,” said Charan. “If a case of manual scavenging is proved, the family will be given ₹3 lakh in compensation, housing and rehabilitated, according to the act.”

Parallelly, Shramik Janta Sangh activist Medha Patkar’s union has also written to BMC, pinning the responsibility of cleaning human excreta in the tank on it. The union has also demanded that compensation of ₹30 lakh be paid for each deceased member of the family, as per the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.