Supreme Court Orders Stringent Measures to Eradicate Manual Scavenging and Hazardous Sewer Cleaning

Keyword: Manual scavenging eradication, Supreme Court directives, sewer cleaning rehabilitation

The Supreme Court of India has issued a landmark directive to the Union and State governments to intensify efforts to eradicate manual scavenging and hazardous sewer cleaning practices while ensuring comprehensive rehabilitation for affected individuals. The judgment arose from a Public Interest Litigation (PIL) filed under Article 32 of the Constitution, seeking enforcement 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.

The Case Background

The writ petition, titled Dr. Balram Singh v. Union of India & Ors. (W.P.(C) No. 324/2020), highlighted the persistent practice of manual scavenging and hazardous sewer cleaning across India, despite statutory prohibitions. It pointed out lapses such as the lack of a nationwide survey of manual scavengers and the incomplete formation of monitoring committees mandated by the 1993 and 2013 Acts.

The petitioners argued that these failures reflect systemic indifference, exacerbating the plight of marginalized communities. The Counsel for the Union of India assured the Court that efforts to implement the provisions of the Acts were ongoing, including convening meetings with stakeholders to address existing gaps.

Key Observations by the Supreme Court

A Bench comprising Justice Sudhanshu Dhulia and Justice Aravind Kumar expressed serious concern over the continuing prevalence of manual scavenging, terming it a violation of human dignity and equality.

The Court noted that:

1. Manual scavenging persists despite technological advancements offering alternatives.
2. Statutory mandates, such as forming District-Level Survey Committees and conducting surveys, remain largely unimplemented in many states.
3. The absence of effective enforcement mechanisms reflects a systemic failure to uphold constitutional values of dignity and equality.

The Bench also observed non-compliance with its earlier directives issued on October 20, 2023, underscoring the urgent need for remedial measures.

Supreme Court Directives

To address these systemic lapses, the Supreme Court laid down the following directives:

1. Complete Eradication: A phased elimination of manual sewer cleaning was mandated, emphasizing the adoption of technological alternatives. The Court ruled that reliance on manual methods violates fundamental rights.
2. Rehabilitation Measures:
   • Full rehabilitation of affected workers, including families of those who died during sewer-cleaning incidents.
   • Enhanced compensation for sewer-related deaths, increased from ₹10 lakh to ₹30 lakh.
   • Special provisions for victims who sustained disabilities during hazardous cleaning work.
   • Employment, education, and skill training programs for affected individuals.
3. Accountability Mechanisms:
   • Contracts allowing manual scavenging were directed to be canceled, with penalties imposed on contractors for sewer-related deaths.
   • Strict compliance with safety norms during outsourced sewer cleaning.
4. National Portal:
   • Creation of a centralized portal to monitor sewer deaths, compensation disbursement, and rehabilitation initiatives.
   • The portal aims to enhance transparency and accountability in addressing these issues.
5. Filling Vacancies:
   • The Court stressed the immediate appointment of members to statutory bodies such as the National Commission for Safai Karamcharis (NCSK) to ensure effective implementation of the Acts.
6. Survey Compliance:
   • Directed the Union to expedite surveys under Section 11 of the 2013 Act, ensuring the identification and rehabilitation of manual scavengers.

Warning of Further Action

The Court deferred contempt proceedings against the Union and State governments but warned of stringent consequences for further delays. It directed the Union government to file a compliance affidavit within two weeks, detailing measures taken and state-wise progress.

“The dignity of affected individuals cannot be deferred indefinitely,” the Bench remarked, urging immediate and concrete action.

Impact of the Judgment

The Supreme Court’s decision is a significant step toward eradicating manual scavenging and hazardous sewer cleaning in India. By emphasizing rehabilitation, accountability, and technological alternatives, the Court has set a clear roadmap for ending these inhumane practices.

The next hearing is scheduled for January 29, 2025, where substantial progress on the directives is expected. This judgment reinforces the judiciary’s commitment to upholding human dignity and addressing the systemic failures that perpetuate inequality and indignity for the marginalized.

Case Citation: Dr. Balram Singh v. Union of India & Ors.
Order Date: December 11, 2024
Bench: Justice Sudhanshu Dhulia and Justice Aravind Kumar

Stay tuned for live updates on the rupee’s movement and real-time business news on Kanishk Social Media—your go-to source for comprehensive stock market and legal news.

JUDICIARY INDIA CONSTITUTION – KSM LAW PUBLISER

ASHUTOSH DUBEY – kanishksocialmedia Broadcasting & Media Production | LinkedIn

KSM LAW PUBLISHER

Home 3 – Kanish Social Med