Point of Law: 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.

JUDGMENT :

[Satish Chandra Sharma, J.]

1. The petitioner before this Court has filed the present petition as a Public Interest Litigation (PIL) stating that he is a social activist and former Chairman of Delhi Commission for Safai Karamcharis (DCSK), Government of National Capital Territory of Delhi (GNCTD). The petitioner has shown concern in respect of sanitation workers and has prayed for the following reliefs :

“a) Issue a Writ of Mandamus or any other Writ in the nature of Writ of Mandamus directing Respondent No.2 to act and fulfil its responsibilities enshrined under the Constitution of India, 1950, National Commission for Safai Karamcharis Act, 1993, Resolution dated 28.03.2019 read with resolution dated 02.03.2009 and The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013.

b) Issue a Writ of Mandamus or any other Writ in the nature of Writ of Mandamus directing Respondent Nos.1 and 3 to act and fulfil their responsibilities enshrined under the Constitution of India, 1950 and adhere to the Technical Brief dated 03.03.2020 and Interim Guidance dated 19.03.2020 issued by the World Health Organization;

c) Issue a Writ of Mandamus or any other Writ in the nature of Writ of Mandamus directing the Respondents to provide health insurance and medical facilities to all Sanitation Workers as well as their families;

d) pass any other of further orders as this Hon’ble Court deems fit and proper in the circumstances of the case.”

2. A common counter-affidavit has been filed on behalf of the respondents No.2 & 3/ National Commission for Safai Karamcharis (NCSK) and Union of India (UOI) respectively, wherein it has been stated that the NCSK was constituted on 12.08.1994 as a statutory body by an Act of Parliament, viz. National Commission for Safai Karamcharis Act, 1993 for a period of three years, i.e. up to 31.03.1997. The validity of the NCSK was extended periodically and it finally lapsed on 29.02.2004. It has been further stated that now the Commission is acting as a non-constitutional, non-statutory and non-permanent body under the Ministry of Social Justice & Empowerment and its tenure was also extended from time to time. The tenure of the present Commission was extended up to 31.03.2022.

3. It has been stated that as per the Constitution of India, the subject ‘Sanitation’ is a State Subject, and the concerned State has to constitute relevant State Commissions for the same. Sanitation workers are local employees in the administrative control of the State Government. Accordingly, for Delhi, the Delhi Commission for Safai Karamcharis Act, 2006 is in force. The DCSK has been constituted under Section 3 of the said Act of 2006 for the purpose of safeguarding the rights & interest of Safai Karamcharis in the National Capital Territory of Delhi. The Commission includes a Chairperson and two part-time Members.

4. The counter-affidavit filed by the respondents No.2 & 3 further reveals that the Commission vide letter dated 14.11.2020 directed all the District Magistrates/ District Commissioners to furnish details of all Safai Karamcharis under their respective jurisdiction who have lost their lives due to COVID-19 and the details of compensation granted to them. Further that the State Commissions are also looking after the matter.

5. Learned Counsel for the Commission has also argued before this Court that all efforts are being made to ensure that the statutory provisions as contained in the provisions of Prohibition of Employment As Manual Scavengers And Their Rehabilitation Act, 2013 and the Rules framed thereunder are religiously followed.

6. The respondent No.4/Secretary, DCSK has filed a separate detailed reply on behalf of the DCSK and it has been stated that the Commission performs all or any of the following functions, namely

“A. To investigate, examine and monitor all matters relating to:

i. Safeguards provided to Safai Karamcharis residing in Delhi, under the Constitution of India, or under any