Centre, states must ensure manual scavenging is completely eradicated: Supreme Court issues 14 directions

The Supreme Court on Friday issued fourteen directions aimed at eradicating manual scavenging in India [Dr Balram Singh v. Union of India and Ors]..A Bench of Justices S Ravindra Bhat and Aravind Kumar emphasized that the battle against manual scavenging is not merely about wealth, but about human dignity. It said,"Ours is a battle not for wealth; it is for human dignity. The commitment constitution makers gave - each of us must live up to this, and Union and states must ensure that manual scavenging is completely eradicated, and this stops where these people remain trapped in human sufferings."Furthermore, the Court underlined the duty of citizens to embrace true fraternity, without which rights are mere illusions.It was underscored that contracts that do not provide cleaners with necessary gear and devices are unconstitutional."It can be held that where minimum protective gear and cleaning devices are not provided to hazardous workers, the employment of hazardous workers amounts to forced labour and is thus prohibited under the Constitution ... A contract for employment of a hazardous cleaner without protective gear and cleaning devices would ... violate Article 23 even if it were voluntary because such an agreement would violate human dignity.".Among the fourteen directions, the Court mandated at least ₹30 lakh as compensation for sewer deaths, at least ₹20 lakh for permanent disablement and at least ₹10 lakh for other disablement cases.The top court explained that mere economic measures would not be enough to uplift such families."Rehabilitation would require elements of long-term and short-term socio-economic measures such as scholarships, etc. To this end, this Court finds that entitlements which are akin to those given to manual scavengers must be granted to families of hazardous workers who had died in sewers and septic tanks."."We have directed coordination among all agencies. This will not preclude High Courts from monitoring the cases," the Court added..The other directions included the Central and State governments being required to frame policies in coordination with concerned authorities to eradicate the practice in a phased manner and issue necessary guidelines and directives.Further, the goverments are to devise a suitable mechanism to ensure accountability, especially for sewer deaths occuring in the course of contractual or outsourced work. "This accountability shall be in the form of cancellation of contract, forthwith, and imposition of monetary liability, aimed at deterring the practice." The Union government was directed to frame model contracts in this regard, and the relevant bodies were directed to conduct a fresh national survey to determine the extent of the practice as prevalant, within a year.The Central and State goverments were directed to set up scholarships to ensure that the dependents of deceased and injured sewer victims are rehabilitated through meaningful education.Further, the National Legal Services Authority (NALSA) shall also be part of necessary consultations and policy framing, and help develop appropriate models.The other directions are concerned with the formation of coordination committees and dashboards to monitor the framing and implementation of necessary guidelines and policy, as well as sewer deaths etc..The Court in conclusion noted that the Union and State governments are duty-bound to make sure that manual scavenging is completely eradicated. Further, citizens have a role to play in removing the 'darkness' that has been the fate of manual scavangers."Each of us owe it to this large segment of our population, who have remained unseen, unheard and muted, in bondage, systematically trapped in inhumane conditions .... Upon all of us citizens lie, the duty of realizing true fraternity, which is at the root of these injunctions. Not without reason does our Constitution place great emphasis on the value of dignity and fraternity, for without these two all other liberties are chimera, a promise of unreality.".Advocate K Parameshwar was the Amicus Curiae in the case..[Read judgment]

Centre, states must ensure manual scavenging is completely eradicated: Supreme Court issues 14 directions

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