Introduction

• This case is a landmark judgment on the plight of workers engaged in manual scavenging, aiming to eradicate the existing practice and prohibit further instances of manual scavenging, while also ensuring their effective rehabilitation.

Facts

• The inhuman practice of manually removing human excreta (night soil) from dry toilets, involving bare hands, brooms, or metal scrapers, and carrying it to dumping sites for disposal, is still prevalent in many parts of the country.
• Surveys estimate that there are over 12 lakh manual scavengers undertaking this degrading practice in the country, while official statistics put the figure at 6,76,009 identified manual scavengers as of 2002-2003.
• Over 95% of manual scavengers belong to the Dalit (Scheduled Caste) community, who are compelled to undertake this task under the guise of "traditional occupation."
• In 1989, there were estimated 72.05 lakh dry latrines in the country. This number has increased to 96 lakhs, and these dry latrines are still being manually cleaned by Scheduled Caste scavengers.
• The government has launched various schemes and acts, such as the 'Low Cost Sanitation for Liberation of Scavengers' scheme (1989-90), the 'National Scheme of Liberation and Rehabilitation of Scavengers and their Dependents' (1992), and the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, to address the issue of manual scavenging.
• However, the 1993 Act remained inoperative for about 3.5 years and was not being implemented effectively, as noted by the National Commission for Safai Karamcharis.
• A Comptroller and Auditor General of India report in 2003 concluded that the 'National Scheme for Liberation and Rehabilitation of Scavengers and their Dependents' failed to achieve its objectives, with funds being unspent or underutilized and a lack of correspondence between ‘liberation’ and ‘rehabilitation’.
• In December 2003, Safai Karamchari Andolan and others filed the present writ petition under Article 32 of the Constitution, seeking the eradication of manual scavenging and dry latrines, as well as the implementation of the 1993 Act.

Issues Involved

• The continuation of the inhuman practice of manual scavenging and the existence of dry latrines which violate the fundamental rights guaranteed under Articles 14, 17, 21, and 23 of the Constitution.
• The ineffective implementation of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, by the Union Government, State Governments, and Union Territories.
• The lack of comprehensive and time-bound plans for the complete eradication of manual scavenging and the rehabilitation of persons engaged in this practice.
• The need for strict enforcement of the 1993 Act by local bodies, including initiating prosecution against violators.
• The persistent social and economic exploitation of manual scavengers, who predominantly belong to the Scheduled Caste community.

Observation

• The practice of manual scavenging is rooted in the concept of the caste system and untouchability, which is abolished under Article 17 of the Constitution of India, 1950.
  • The Supreme Court noted that despite constitutional provisions and earlier laws, manual scavenging continued unabated across the country.
• The court welcomed the enactment of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 as a step towards abolishing the "evil" practice of manual scavenging.
• The court issued several directions for the rehabilitation of manual scavengers identified under the 2013 Act, including providing them one-time cash assistance, scholarships for their children, residential plots/houses, skill training, alternative livelihood opportunities, etc.
• The court directed that sewer deaths due to manual scavenging should be made a crime, with compensation of Rs. 10 lakhs to the families of the deceased. Railways should also take time-bound measures to end manual scavenging on tracks.
• The court directed the identification of families of all persons who died in sewerage work since 1993 and award them compensation of Rs. 10 lakhs each.
• The court emphasized that rehabilitation of manual scavengers must be based on the principles of justice and transformation.
• The court directed all States and Union Territories to fully implement the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 and take action against violators, as the Act occupies the entire field of manual scavenging.

Conclusion

• The court allowed aggrieved persons to approach the concerned authorities and then the respective High Courts for any grievances related to the implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 and its directions.