Supreme Court Bans Manual Scavenging & Manual Sewer Cleaning In Six Metropolitan Cities

The Supreme Court today(January 29) passed directions banning manual scavenging and manual sewer cleaning in six metropolitan cities in a writ petition seeking the eradication of manual scavenging in India.In its order, it stated that in the comprehensive affidavit filed by the Union, there is "no clarity" on the eradication of manual scavenging and sewer cleaning. "We hereby intend to stop the manual scavenging and manual sewer cleaning in all the top Metropolitan cities of the country viz. a) Delhi b)Mumbai c) Kolkata d) Chennai e) Bangalore and f) Hyderabad."Adding to the order passed, it directed the Chief executive officer (whatever name they are called in the respective cities) of each metropolitan city shall file a precise affidavit apprising as to how and when manual scavenging and sewer cleaning is stopped in the city. The affidavit shall be filed latest by February 13.The Public Interest Litigation filed by Dr. Balram Singh raised the issues 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.Today, at the outset, the Court expressed orally that it is "fed up" with passing orders seeking compliance which remains "academic" in nature as there is no compliance. It said: "Can we say it today that manual scavenging from today onwards is banned?...We are fed up of order. We are directing. Either do it or face consequences."This comes after a bench of Justices Sudhanshu Dhulia and Aravind Kumar on December 11, last year, directed the Union Government to call a meeting of the Central Monitoring Committee along with the respective States' stakeholders within 2 weeks to assess to what extent the compliance has been made to the main order dated October 20, 2023. Based on the October 20 order, the Union was to file a status report. However, the Court noted the report was "not encouraging at all".Today, the Union filed a fresh affidavit in which it was submitted out of the 775 districts in the entire country, 456 districts no longer have manual scavenging. When Justice Kumar asked how the NCT Delhi has performed, it was informed that it has not complied with the order. This data was presented by Additional Solicitor General Aishwarya Bhati. Amicus curiae and Senior Advocate K. Parameshar on the data contended that it presents an "erroneous" picture as in some of these districts, the Committee mandated by the law has not even been constituted. Some States have given data prior to the constitution of the Committees. He added that the Central Committee had met latest October 19, 2024, where States and UTs were advised to constitute a committee and conduct a fresh survey National Survey of Manual Scavengers. This survey is yet to be completed. Justice Dhulia orally remarked that "if they are filing false affidavits, they are in contempt straight away".There are states especially North-eastern States, where there is no sewer system, he pointed out. The entirety of the problem remains in the "mainstream States".Parameshwar referred to the first two directions passed in the October 20 order, which are stated as: "1. The Union should take appropriate measures and frame policies, and issue directions, to all statutory bodies, including corporations, railways, cantonments, as well as agencies under its control, to ensure that manual sewer cleaning is completely eradicated in a phased manner, and also issue such guidelines and directions as are essential, that any sewer cleaning work outsourced, or required to be discharged, by or through contractors or agencies, do not require individuals to enter sewers, for any purpose whatsoever;2. All States and Union Territories are likewise, directed to ensure that all departments, agencies, corporations and other agencies (by whatever name called) ensure that guidelines and directions framed by the Union are embodied in their own guidelines and directions; the states are specifically directed to ensure that such directions are applicable to all municipalities, and local bodies functioning within their territories;"In this regard, he informed the Court that till now, no such guidelines are in place. Senior Advocate Jayna Kothari, referring to Union's affidavit, cited cases where if the sewer is too small, the person has to enter it to clean it. She said: "They have stated 'motivated sewer entry professionals'. Is this what we call humans who are being killed?...Union's statement, page 167 mylords."To this, Bhati responded that not all States are in a position to eradicate manual scavenging and that's why the Court's order for eradication was in a graded manner. Justice Kumar also responded. He stated that unless manual scavenging is completely eradicated, persons will be compelled to enter the sewer and if he does so, he must have all adequate equipment....

Supreme Court Bans Manual Scavenging & Manual Sewer Cleaning In Six Metropolitan Cities

Gursimran Kaur Bakshi

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