SUPREME COURT OF INDIA
S. Ravindra Bhat, Dipankar Datta, JJ.
Dr. Balram Singh – Appellant
Versus
Union of India & Ors. – Respondents
Writ Petition (Civil) No. 324 of 2020
Decided On : 22-02-2023
Fact of the Case:
The petitioner filed a public interest litigation seeking directions to implement provisions 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.Finding of the Court:
The Court issued directions for the rehabilitation of manual scavengers based on the provisions of the Acts. It added parties to the case and directed the Union of India to file an affidavit within six weeks.Issues:
Implementation of provisions under the Acts, abolition/demolition of dry latrines, employment conditions in railways and cantonment boards, mechanization of sewage cleaning, real-time tracking of sewage deaths.Ratio Decidendi:
The Court emphasized rehabilitation measures for manual scavengers including financial assistance, housing support, training in livelihood skills, alternative occupation support, compensation for sewer deaths, and justice-based rehabilitation.Final Decision:
The Union was directed to comply with the issued directions within six weeks. An Amicus Curiae was appointed to assist the Court.ORDER
1. The petitioner in this case has been motivated by public interest litigation and has made several claims including the issuance of directions to implement provisions, inter alia, 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.
2. This Court had occasion to deal with the subject matter in the case of 'Safai Karamchari Andolan And Others vs. Union of India And Others' reported in (2014) 11 SCC 224. The Court had then dealt with the provisions of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013. The Court after noticing the provisions of the Act and issued directions which are extracted below :
'23. We have already noted various provisions of the 2013 Act and also in the light of various orders of this Court, we issue the following directions:-
23.1. The persons included in the final list of manual scavengers under Sections 11 and 12 of the 2013 Act, shall be rehabilitated as per the provisions of Part IV of the 2013 Act, in the following manner, namely:-
(a) such initial, one time, cash assistance, as may be prescribed;
(b) their children shall be entitled to scholarship as per the relevant scheme of the Central Government or the State Government or the local authorities, as the case may be;
(c) they shall be allotted a residential plot and financial assistance for house construction, or a readybuilt house with financial assistance, subject to eligibility and willingness of the manual scavenger as per the provisions of the relevant scheme;
(d) at least one member of their family, shall be given, subject to eligibility and willingness, training in livelihood skill and shall be paid a monthly stipend during such period;
(e) at least one adult member of their family, shall be given, subject to eligibility and willingness, subsidy and concessional loan for taking up an alternative occupation on sustainable basis, as per the provisions of the relevant scheme;
(f) shall be provided such other legal and programmatic assistance, as the Central Government or State Government may notify in this behalf.
23.2. If the practice of manual scavenging has to be brought to a close and also to prevent future generations from the inhuman practice of manual scavenging, rehabilitation of manual scavengers will need to include:-
(a) Sewer deaths - entering sewer lines without safety gears should be made a crime even in emergency situations. For each such death, compensation of Rs. 10 lakhs should be given to the family of the deceased.
(b) Railways - should take time bound strategy to end manual scavenging on the tracks.
(c) Persons released from manual scavenging should not have to cross hurdles to receive what is their legitimate due under the law.
(d) Provide support for dignified livelihood to safai karamchari women in accordance with their choice of livelihood schemes.
23.3. Identify the families of all persons who have died in sewerage work (manholes, septic tanks) since 1993 and award compensation of Rs.10 lakhs for each such death to the family members depending on them.
23.4. Rehabilitation must be based on the principles of justice and transformation.'
3. Having regard to the claim in these proceedings and also being of the opinion that the petitioner has sought directions in public interest, this Court deems it appropriate to issue the following directions; in the light of the judgment of this Court and to consider the steps taken towards enforcement of provisions of the two Acts:
(I) the respondent - Union shall place on record the steps taken pursuant to the judgment of this Court, viz.-a-viz. The Status of implementation of the 2013 Act i.e. Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 including the steps towards rehabilitation of such persons falling within the definition of 'Manual Scavengers'.
(II) Steps taken towards abolition/demolit
Safai Karamchari Andolan And Others vs. Union of India And Others" reported in (2014) 11 SCC 224
The judgment emphasizes the importance of implementing rehabilitation measures for manual scavengers as per the provisions outlined in the relevant Acts.
Legislation prohibits manual scavenging and mandates rehabilitation, yet ineffective implementation led to continued practices; court directed comprehensive measures to ensure adherence and accountab....
GNCTD does not have any other choice except to implement statutory provisions as contained under provisions of Prohibition of Employment As Manual Scavengers And Their Rehabilitation Act, 2013.
The court mandated compliance with compensation directives and safety regulations for laborers engaged in hazardous work, emphasizing the state’s duty to protect fundamental rights.
The statute mandates timely filing of complaints; failure to comply renders criminal proceedings invalid.
The court mandated compensation for manual scavenging deaths, emphasizing societal responsibility and adherence to Supreme Court directives on compensation amounts.
Families of deceased manual scavengers are entitled to compensation of Rs. 30 Lakhs, as mandated by the Supreme Court, highlighting societal responsibility for worker safety.
The court held that principal employers can be held liable under the Atrocities Act for failing to prevent manual scavenging, emphasizing the importance of supervision and safety measures.
The court emphasized that compensation for sewer deaths must be granted without delay as per established guidelines, recognizing violations of human rights in cases of manual scavenging.
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