Apex Court Criticizes Non-Implementation Of Manual Scavenging Eradication Laws; Orders Compliance Report By January 2025
|In a Public Interest Litigation (PIL) under Article 32 of the Constitution, the Supreme Court expressed serious dissatisfaction over the lack of implementation of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013.
These welfare legislations aimed at eradicating manual scavenging and ensuring rehabilitation for affected workers remain largely unimplemented across India.
The Bench of Justice Sudhanshu Dhulia and Justice Aravind Kumar said, "This Court had directed that the matter be listed on 01.02.2024, obviously for the reason that the Court wanted to be apprised as to how far these directions/orders have been complied with. The matter has now been listed after more than a year i.e. after the order was passed on 20.10.2023 by this Court with the directions as already stated above."
Senior Advocate K. Parameshwar appeared for the petitioner, and ASG Aishwarya Bhati appeared for the respondent.
The Court, in its previous order dated October 20, 2023, had issued comprehensive directions to the Union, States, and Union Territories to eradicate manual scavenging, ensure rehabilitation measures, and compensate victims adequately. Key directives included:
1. Eradication of Manual Sewer Cleaning: Implement policies to phase out manual sewer cleaning and introduce technological alternatives.
2. Compensation for Sewer Deaths: Increase compensation to Rs. 30 lakhs for sewer deaths and Rs. 10-20 lakhs for disabilities, depending on severity.
3. Rehabilitation Measures: Provide employment to next of kin, education for children, and skill training for affected families.
4. Survey and Accountability: Conduct a national survey on manual scavengers and enforce accountability for sewer deaths.
5. Scholarships and Legal Support: Offer scholarships for dependents of victims and involve the National Legal Services Authority (NALSA) in implementation.
Despite these orders, the Court noted little progress. The Union Government’s status report highlighted glaring gaps, including the failure to conduct a national survey mandated under Section 11 of the 2013 Act, the non-formation of key statutory bodies, and a lack of technological alternatives to eliminate hazardous cleaning practices.
"Meanwhile, the Union of India has apprised us as to the steps which have been taken in pursuance of the directions of this Court vide order dated 20.10.2023 by filing a status report. The said status report, however, is not encouraging at all. As regards the survey of manual scavengers, which has been done and which is in fact mandated by the Statute itself in Section 11, it has not been done. The learned Amicus Curiae, Mr. K. Parameshwar, has also informed this Court that the survey has to be done with the assistance of the District Level Survey Committee, and in many of the States the District Level Survey Committee have not even been formed," the Court noted.
The Court emphasized that technology has advanced enough to make manual scavenging obsolete and reiterated the need for urgent reforms. The Bench also warned that it might initiate contempt proceedings for deliberate and willful disobedience of its orders.
"Most of the directions given in order dated 20.10.2023, have not been complied with. Even in some of the cases, the formation of statutory bodies which the States are mandated to comply under the Acts, have not been done like National Commission for Safai Karamcharis, State Commission for Safai Karamcharis, Central Monitoring Committee, State Monitoring Committee, Vigilance Committees, State Level Survey Committee, District Level Survey Committee. Secondly, the order of the Court had also directed that considering technology and scientific advancement, it is now entirely possible to eradicate manual scavenging, unhygienic latrines and use of manual labour in sewer lines completely, yet little progress has been done in this field," the Court said.
However, considering a proposal from the ASG the Court allowed the Union Government to convene a meeting of all stakeholders, including the Central Monitoring Committee, State Monitoring Committees, and other statutory bodies, within two weeks. The Court also directed the Union Government to file a detailed compliance affidavit, including state-wise progress and reasons for delays, by January 29, 2025.
The case has been listed for further hearing on January 29, 2025, as the Court continues to monitor the implementation of its directives. "Let an affidavit be filed by the Union of India as to what extent the directions have been complied with and action taken report be filed on each of the heads on which the directions have been given by this Court in its order dated 20.10.2023. The inaction and shortfall of each compliance and the reasons why this was so, shall also be assigned. The affidavit shall also include the work already done. The affidavit shall give the state-wise breakups of all the States. The said affidavit be filed within a period of two weeks after the meeting. List on 29.01.2025," the Court ordered.
Cause Title: Dr. Balram Singh v. Union of India & Ors. [Writ Petition(s)(Civil) No(s). 324/2020]
Appearance:-
Petitioner: Senior Advocate K.Parameshwar, Advocates Kanti, Raji Gururaj, Shreenivas Patil, Chitransha Singh Sikarwar
Respondent: ASG Aishwarya Bhati, Advocates Gurmeet Singh Makker (AOR), Advocates Ruchi Kohli, Shradha Deshmukh, Swarupama Chaturvedi, Sweksha, Ishaan Sharma, Astha Sharma (AOR), Ripul Swati Kumari, Mukesh Kumar Maroria (AOR), Shreekant Neelappa Terdal (AOR), Harish Pandey, Vatsal Joshi, Shashwat Parihar, Vinayak Sharma, Varun Chugh, Piyush Beriwal, Kanu Agrawal, Mrinal Elker Mazumdar, Indira Bhakar, Rajesh Singh Chauhan, Mukesh K Verma, Amrish Kumar (AOR)
Click here to read/download the Order