“Every Indian Carries Filth”: Supreme Court of India Slams Inaction on Manual Scavenging

New Delhi, December 11, 2024 – The Supreme Court of India on Wednesday delivered a scathing indictment of the government’s failure to eradicate manual scavenging, warning that every Indian bears the shame of this inhuman practice until it is fully abolished. A bench of Justice Sudhanshu Dhulia and Justice Aravind Kumar expressed deep frustration over the lack of compliance with its October 2023 directions, calling a status report from the Union of India “not encouraging at all.”

A Case of Broken Promises

The petition, filed by Dr. Balram Singh under Article 32, sought implementation 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. In October 2023, the Court issued comprehensive directions: increase compensation for sewer deaths to ₹30 lakh, ensure full rehabilitation, conduct a national survey, and set up statutory committees at all levels. More than a year later, little has changed.

What Went Wrong?

The Union’s status report revealed that most directions remain unimplemented. Surveys mandated under Section 11 of the 2013 Act have not been conducted. District Level Survey Committees have not been formed in many states. Even statutory bodies like the National Commission for Safai Karamcharis, State Commissions, and vigilance committees are either non-existent or dysfunctional. The Court noted that despite technological advances, manual sewer cleaning continues, and rehabilitation of victims remains woefully inadequate.

A Stark Warning

The bench considered initiating contempt proceedings but agreed to give the government one last chance. “Before we proceed in that direction,” the Court noted, it would allow the Union to convene a meeting of the Central Monitoring Committee under Section 30 of the 2013 Act. Additional Solicitor General Aishwarya Bhati assured the Court that such a meeting would be held within two weeks, virtually or physically.

Justice Dhulia, in remarks reported separately, encapsulated the gravity of the situation: “As long as the shameful practice of manual scavenging continues, every Indian carries filth on their head.” The sentiment echoed through the courtroom, underscoring that this is not merely a legal failure but a collective moral failure.

What Happens Next?

The Court directed the Union to file a detailed affidavit within two weeks after the meeting, providing state-wise breakups of compliance and explaining shortfalls on each of the 14 directions from October 2023. The matter will be heard next on January 29, 2025. The Court made clear that further non-compliance could lead to contempt proceedings, signaling that its patience is wearing thin.

The judgment reaffirms that the right to live with dignity under Article 21 encompasses freedom from hazardous cleaning. For the lakhs of manual scavengers still trapped in this cycle, the promise of rehabilitation remains distant, but the Supreme Court has made it clear: the clock is ticking.