Supreme Court directs Centre, states to implement law to eradicate manual scavenging

The Supreme Court on Thursday asked all the state governments and Union Territories to fully implement legislation for eradicating manual scavenging and take action against violators, while issuing directions for education, employment and rehabilitation of affected people.

A bench of Chief Justice P. Sathasivam and Justices Ranjan Gogoi and N.V. Ramana also directed them to take appropriate action for non-implementation as well as violation of the provisions contained in the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.

“In the light of various provisions of the Act referred to above and the rules in addition to various directions issued by this court, we hereby direct all the state governments and the Union Territories to fully implement the same and take appropriate action for non-implementation as well as violation of the provisions contained in the 2013 Act.

“Inasmuch as the Act 2013 occupies the entire field, we are of the view that no further monitoring is required by this court. However, we once again reiterate that the duty is cast on all the states and the Union Territories to fully implement and to take action against the violators,” the bench said.

It also issued a slew of directions such as the persons included in the final list of manual scavengers under the provisions of the Act be rehabilitated by giving cash assistance and their children shall be entitled to scholarship as per the relevant scheme of the Central or the state government or the local authorities, as the case may be.

The people who were employed as scavengers be alloted residential plot or ready—built house or financial assistance for house construction according to their eligibility and willingness, the bench said.

“At least one member of their family, shall be given, subject to eligibility and willingness, training in livelihood skill and shall be paid a monthly stipend during such period,” the bench said in its judgement, adding that an adult member of the family be given subsidy or concessional loan for taking up an alternative occupation.

The apex court noted that the inhuman practice of manually removing night soil which involves removal of human excrements from dry toilets with bare hands, brooms or metal scrappers, carrying excrements and baskets to dumping sites for disposal is a practice that is still prevalent in many parts of the country.

The bench, which voiced for preventing future generations from the inhuman practice of manual scavenging, also laid down guidelines for rehabilitation and said authorities have to deal with the issue of sewer deaths with compensation and providing dignified life to those involved in the profession.

It said that entering sewer lines without safety gears should be made a crime even in emergency situations and for each such death, compensation of Rs 10 lakhs should be given to the family of the deceased.

The railways should take time bound strategy to end manual scavenging on the tracks and persons released from manual scavenging should not have to cross hurdles to receive what is their legitimate due under the law.

“Provide support for dignified livelihood to safai karamchari women in accordance with their choice of livelihood schemes and identify the families of all persons who have died in sewerage work (manholes, septic tanks) since 1993 and award compensation of Rs 10 lakhs for each such death to the family members depending on them,” the bench said, adding that “rehabilitation must be based on the principles of justice and transformation.”

In December, 2003, the Safai Karamchari Andolan along with six other civil society organisations as well as seven individuals belonging to the community of manual scavengers had filed the PIL on the ground that the continuation of the practice of manual scavenging as well as of dry latrines is “illegal and unconstitutional”.

The PIL had contended that manual scavenging violates the fundamental rights guaranteed under Articles 14, 17, 21 and 23 of the Constitution and the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993.

While deciding the matter, the bench took into account the surveys conducted by the petitioner organisations that estimated that there are over 12 lakh manual scavengers undertaking the degrading human practice in the country.

The official statistics issued by the Ministry of Social Justice and Empowerment for the year 2002-2003 puts the figure of identified manual scavengers at 6,76,009. Of these, over 95 per cent are Dalits (persons belonging to the scheduled castes), who are compelled to undertake this denigrating task under the garb of traditional occupation.

In 2003, a report was submitted by the Comptroller and Auditor General (CAG) which evaluated the ‘National Scheme for Liberation and Rehabilitation of Scavengers and their Dependents’

“The conclusion of the report was that this Scheme has failed to achieve its objectives even after 10 years of implementation involving investment of more than Rs 600 crores,” the court noted.

The regular monitoring by the apex court resulted in enactment of an effective legislation in 2013 — Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 — for abolition of “this evil and for the welfare of manual scavengers.”