SC Issues Guidelines To Implement Laws Prohibiting Manual Scavenging

On Wednesday, the bench of Justices S Ravindra Bhat and Dipankar Datta of the Supreme Court issued guidelines for the enforcement of two laws: the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, and the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. The case in question is Dr. Balram Singh v. Union of India and others, and the court-appointed Advocate K Parameshwar as Amicus Curiae to assist in the matter.

The Central government has been directed to provide the following information:

(I) Record the actions taken following this Court's ruling regarding the implementation status of the 2013 Act, namely the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, and efforts towards rehabilitating manual scavengers.

(II) Detail the actions taken to abolish/demolish dry latrines on a state-by-state basis.

(III) Provide updates on the status of dry latrines and Safai Karamcharies in Cantonment Boards and Railways.

(IV) Explain how Safai Karamcharies are employed in Railways and Cantonment Boards, whether directly or indirectly, through contractors or other means.

(V) Disclose the equipment used by Municipal Corporations on a state-by-state basis to mechanize sewage cleaning.

(VI) Explore the feasibility of developing internet-based solutions for real-time tracking of sewage-related deaths, and outline the measures taken by relevant authorities, including the appropriate government, to provide compensation and rehabilitation to affected families.

The Union Ministry of Social Justice and Empowerment has been directed to submit an affidavit with relevant information on the issues raised within six weeks. The case will be revisited on April 12, 2023.

Dr. Balram Singh, the petitioner-in-person in this case, had requested guidelines for enforcing the two Acts.

In a previous order, the Court had instructed the government to provide rehabilitation, cash assistance, and residential plots to manual scavengers. Families of the scavengers were also to be given stipends for training in alternative professions, and the government was tasked with identifying and eliminating the practice on railway tracks.

Additionally, the government was directed to take action to prevent sewer deaths, provide compensation of ₹10 lakhs to the next of kin in such cases, and make it illegal to enter sewers without safety equipment.

Considering the public interest involved in the present plea, the Court has requested updates on the measures taken to enforce the provisions of the two Acts.

Important to note that when questioned in the Rajya Sabha, the Union Ministry of Social Justice and Empowerment stated in July 2021 that there have been no reported deaths due to manual scavenging over the past five years. However, it is noteworthy that at the same time, three High Courts across the country - in Karnataka, Orissa, and Madras - were addressing cases concerning manual scavenging and the deaths of individuals who had entered manholes for cleaning purposes.