Specify Steps Taken To Implement Manual Scavenging Prohibition Act In Letter & Spirit: Orissa High Court To State Govt

The Orissa High Court has asked the State Government to file an affidavit specifying steps it has taken so far to implement the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act (PEMSR Act), 2013.

The Bench of Chief Justice Dr. S. Muralidhar and Justice A. K. Mohapatra also sought to know from the Collector of Puri as to whether there is awareness among the local population of the binding provisions of the PEMSR Act as well as the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 (EMSCDLP Act).

These directions came from the division bench that is dealing with a suo moto petition instituted by the Court of the incidents that involved "egregious violations of the mandatory provisions contained the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013."

During the hearing of the case on Saturday, the State Government informed the Court that the dependant/family members of the two sanitation workers have been paid their respective amounts out of the Rs.21,62,278/- deposited by the Insurance Company in Mumbai in pursuance to the Court's order. 

However, the Amicus Curiae placed before this Court a photograph taken on 20th November, 2021 showing that sewer cleaning work was underway on the Puri Beach Road showing that the persons made to do sewer cleaning work were not wearing any protective gear and no equipment was being used.

In view of this, the Court directed the Collector, Puri to submit an explanation as to how this is still being permitted.

Further, the affidavit of the State Government in compliance with the direction [regarding implementation of PEMSR Act, 2013 and the EMSCDLP Act, 1993 and the Rules thereunder] has to be filed at least one week prior to the next date.

The matter has now been listed for further hearing on January 20, 2022.

Case Title- In Re: Deaths of Sanitation Workers

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