File undertakings that no manual scavenging will be permitted: Madras High Court to local authorities

The Madras High Court on Wednesday directed municipal body authorities and corporations across the State to make sure that no manual scavenging takes place within their jurisdictions and to file written undertakings to this effect (Safai Karamchari Andolan and Others v. Union of India and Others). .A Division Bench of Chief Justice Sanjib Banerjee and Justice PD Audikesavalu was hearing a batch of petitions on the issue, including one by NGO Safai Karamchari Andolan.."All Commissioners of Municipal Corporations across the State and heads of the Municipalities should file written undertakings to the effect that no manual scavenging work would be permitted to be undertaken within the relevant corporation or municipality areas," the Court ordered..The High Court also reiterated that heads of municipal bodies and commissioners of corporations would be held personally liable if any manual scavenging activity is found to have taken place within their jurisdiction.."It is heartening that no further death of any safai karmachari is reported. There cannot be any manual scavenging at all and it will continue to be the responsibility of all municipal bodies and Corporations across the State to ensure that there is no manual scavenging activity undertaken. The Commissioners of the Corporations and the heads of the Municipalities, as indicated in previous orders, will be personally held liable in case any manual scavenging activity is detected or any mishap occurs in course thereof," the Court said..It added that ultimately, it may also direct that such an undertaking be furnished by any commissioner connected with a corporation or head of the municipality "when assuming office in future.".Earlier, the Court had issued a series of directions in a bid to curb the practice of manual scavenging including the following:That the authorities restrain urban local bodies from engaging, directly or indirectly, manual scavengers, including through contractors; That the authorities terminate tenders and contracts awarded to contractors who have engaged manual scavengers; That FIRs and criminal proceedings be initiated against all persons suspected of engaging manual scavengers in cases where deaths have occurred, without in any manner harassing or coercing the family members of the deceased scavenger; Pay the full compensation in all cases where death has occurred as a result of manual scavenging, and to recover the same from the person who actually engaged the manual scavenger on pay and recovery basis; Have adequate number of mechanical septic tank cleaning machines and keep them available for routine cleaning of septic tanks; Restrain from deploying human beings to enter into manholes of storm water drains in the guise of removing silt and sludge and to use only mechanical devices. .The Court has also earlier expressed its inclination to issue guidelines aimed at putting a complete end to the practice of manual scavenging. .The matter is next listed on November 10, 2021..Advocates Srinath Sridevan, Sholoka Narayanan, TK Bhaskar, K. Harishankar, and Aishwarya S Nathan represented the petitioners. Advocate PG Santhosh Kumar appeared for the respondents..[Read Order]