The Supreme Court has warned government officials that it will order registration of a criminal case against them for permitting manual scavenging and exposing workers to hazardous cleaning without protective gear [Dr Balram Singh v. Union of India and Ors]. 

A Bench of Justices Sudhanshu Dhulia and Aravind Kumar also expressed their concern that such work was taking place near the Supreme Court building and sought a reply from the Public Works Department (PWD). 

“We are also constrained to observe that photographs have been shown to us that the manual scavenging and hazardous cleaning is being done at Gate F of this Court as well. Let the concerned Officer of the Public Works Department [PWD] file a reply to the above applications,” said the August 6 order.

The Bench also made East Delhi Municipal Corporation (EDMC) a party to the case and sought its reply after photographs of manual scavenging were shown in the area governed by it. 

“It is made clear that if the satisfactory reply is not received on the next date, we will have no option but to direct the registration of an FIR against such officer(s) who are exposing the workers to the risk of their lives,” the Court said. 

The case will be heard next on September 10.

The order was passed in a plea filed by Dr Balram Singh seeking directions to eradicate manual scavenging in the country. 

In October 2023, the Supreme Court had issued fourteen directions aimed at eradicating manual scavenging in India. The Court had noted that the Union and State governments are duty-bound to make sure that manual scavenging is completely eradicated.

Earlier this year, the Central government filed a detailed affidavit informing the Court that out of 775 districts across the country, manual scavenging and manual sewer cleaning were not being carried out in 456 districts.

However, after reviewing the submissions, the Court had observed a lack of clarity regarding whether manual sewer cleaning has been entirely eradicated in metropolitan cities.

Hence, it is continuing to monitor the matter.

[Read Order]