Every Indian Carrying Shit On Their Head As Long As Shameful Practice Of Manual Scavenging Continues : Justice Dhulia

Justice Sudhanshu Dhulia, former judge of the Supreme Court, today remarked that he is embarrassed by the continued practice of manual scavenging. 

"...There are a lot of things which you hear during seminars that either make you happy or angry. But rarely do you feel you want to hang your head in shame. I feel so embarrassed. My sister, Narayanan Amma[former manual scavenger in Andhra Pradesh], is not the only one carrying shit on her head. I think I am carrying shit on my head. Each Indian is carrying shit on their head as long as this system continues. When I was in the Supreme Court, in the last few months before retirement, a case was before Justice Aravind Kumar and me relating to those who enter manholes without any safety gear and eventually die of [inhaling poisonous gases]." 

Justice Dhulia was speaking at the India@80 End Manual Scavenging year-long campaign by Safai Kamarchari Andolan to free India from the unconstitutional practice of manual scavenging and sewer cleaning.

It may be noted that Justice Dhulia, along with Justice Kumar, had heard a public interest litigation filed by Dr Balram Singh, which raised that pertinent provisions of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, as well as the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, remain unimplemented despite the mandate of the Statutes.

The bench monitored compliance with the October 20, 2023 judgment, wherein compensation in cases of manual scavenging deaths was increased to 30 lacs and other directions were passed. The Court took a strict view of a compliance affidavit filed by the Union Government and remarked that there was no clarity on whether the practice had been eradicated. It remarked that the report was "not encouraging at all" and the Court would go to "any extent" to eradicate the practice.

The bench had later passed orders banning the practice of manual scavenging and sewer cleaning in Delhi, Mumbai, Kolkata, Chennai, Bangalore and Hyderabad. Post Justice Dhulia's retirement, Justice Kumar's bench continues to monitor the implementation of further directions.

Justice Dhulia further added that despite judgments banning this practice, it continues to take place. He expressed shock at the fact that the unconstitutional practice of manual sewer cleaning was taking place on the Supreme Court premises itself.

"We got to know that the practice is going on in the Supreme Court's premises. We banned in the practice in big Metropolitan cities like Bombay, etc...What we found common everywhere is the state of denial that the practice is not followed anywhere anymore. When they [authorities] were given facts, they claimed the practice didn't take place in their jurisdiction or department."

Justice Madan Lokur, former judge of the Supreme Court and Justice Anjana Prakash, former judge of the Patna High Court and now a senior advocate, were also present at the event.

Prakash, in her speech, expressed that this issue is a complicated one mainly because this is not an issue that ends with making laws. The law must not only be implemented but also the society needs to accept these people as equals. She said that it is a shameful truth of our society and that as a people we must make demands of our government to immediately take steps to end this injustice. More than a legal injustice, this is also a societal injustice, rooted in caste. 

Justice Lokur walked the gathering through the laws that have been made to end manual scavenging. He mentioned that a central monitoring committee was designed to ensure this end, however, it was found out that in three years, not a single meeting had taken place. He brought to attention the fact that this is an issue that is clearly not a priority for the government, because they have allowed the deaths of sewage workers to continue despite multiple requests for it to end.

He proposed a three-point solution: 

i. Swachh Bharat Mission has built crores of sanitary toilets, but it needs to include the end of manual scavenging as well.

ii. The andolon does not end with just breaking all the dry latrines in this country. It needs to address all the women who have done this job for generations, have been deemed untouchable because of this work, and these women and their children need to be identified and acknowledged, compensated and rehabilitated by the government.

iii. Rehabilitation includes eradicating the stigma around this issue, educating the children of these workers through scholarships and other vocational training.

iv. These people need to be integrated into society.

Inputs from Supreme Court Advocate Sohini Bardhan