The Karnataka High Court on Friday reserved its order in a batch of pleas seeking the abolition of the practice of manual scavenging in the State..A Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice Vishwajith Shetty said that the order would be pronounced after two weeks. .Two petitions were filed before the High Court seeking a ban on the practice of manual scavenging in the State. The first plea was filed by All India Central Council of Trade Unions (AICCTU), through Advocate Clifton D'Rozario. .Senior Advocate Jayna Kothari appeared for the Karnataka State Legal Services Authority in the the second petition..During the previous hearing, D'Rozario had apprised the Bench about the nine forms of manual scavenging in the State. He also argued that absolutely no one had been convicted in cases of manual scavenging in Karnataka. Further, he submitted that most of the manual scavengers belonged to the Scheduled Caste/Scheduled Tribe (SC/ST) community. .D'Rozario also stressed on the need for a consolidated state list of manual scavengers. .Kothari focused on the improper implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act in the State. .After going through the objections filed by the state government, the Court observed,."There is hardly any implementation of the Act. All parties in these petitions will have to side with the implementation of the Act."Karnataka High Court.In the plea filed by AICCTU, it was claimed that the inhuman practice of manual scavenging across the State of Karnataka had claimed scores of lives of workers. .Manual scavenging, the plea said, is a direct affront to a person’s right to life with dignity and respect. Further, the direct handling of human excreta involved in manual scavenging has severe health consequences, the PIL contended..The PIL further averred that the practice of manual scavenging has evolved and become institutionalized through the railways, in the defence establishment, and during certain religious festivals..It was the petitioner's case that the continued practice of manual scavenging is violative of the fundamental rights guaranteed under Articles 14, 15, 17, 19, 21 and 23 as well as the Directive Principles in Articles 38, 39, 46 and 47 of the Constitution of India. .The plea also threw light on the fact that the High Court had earlier constituted a Committee which submitted a report highlighting the conditions of pourakarmikas (sanitation workers) across Karnataka. .The report highlighted the incomplete underground drainages, a large number of septic tanks being cleaned manually, and further made recommendations for mechanization on a war footing. The state government had committed to the implementation of this report as well, the petition said. .However, the plea noted that subsequent to the decision of the Court in 2015, at least 41 persons have died in the course of manual scavenging. The plea claims that not a single conviction has taken place with regard to the death of manual scavengers in Karnataka. .The petitioner also raised concerns over the poor implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 in the State. ."Cumulatively, there has been a total failure on the part of the respondents to complete the process of systematic identification of manual scavengers. Not only identification and enumeration, but also the subsequent step of rehabilitation and assistance of manual scavengers is lacking. Additionally, there is a failure to take prosecution of accused to the logical conclusion of conviction,"PIL moved by AICCTU stated..On these grounds, the plea sought directions to abolish the practice of manual scavenging in the State. .This apart, the plea also sought the rehabilitation of manual scavengers. To this end, it prayed that compensation of Rs. 10 lakh each be paid to the next of kin of all manual scavengers who have lost their lives in manholes, sewer lines, septic tanks, etc. since 1993. .As interim relief, the plea prayed for restraining the respondents from permitting any person to practise manual scavenging in any form. .The second petition mainly questioned the implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act. .This plea also urged for the implementation of the directions issued by the apex court in the case of Safai Karamchari Andolan v. Union of India. .[Read AICCTU petition here]
The Karnataka High Court on Friday reserved its order in a batch of pleas seeking the abolition of the practice of manual scavenging in the State..A Division Bench of Chief Justice Abhay Shreeniwas Oka and Justice Vishwajith Shetty said that the order would be pronounced after two weeks. .Two petitions were filed before the High Court seeking a ban on the practice of manual scavenging in the State. The first plea was filed by All India Central Council of Trade Unions (AICCTU), through Advocate Clifton D'Rozario. .Senior Advocate Jayna Kothari appeared for the Karnataka State Legal Services Authority in the the second petition..During the previous hearing, D'Rozario had apprised the Bench about the nine forms of manual scavenging in the State. He also argued that absolutely no one had been convicted in cases of manual scavenging in Karnataka. Further, he submitted that most of the manual scavengers belonged to the Scheduled Caste/Scheduled Tribe (SC/ST) community. .D'Rozario also stressed on the need for a consolidated state list of manual scavengers. .Kothari focused on the improper implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act in the State. .After going through the objections filed by the state government, the Court observed,."There is hardly any implementation of the Act. All parties in these petitions will have to side with the implementation of the Act."Karnataka High Court.In the plea filed by AICCTU, it was claimed that the inhuman practice of manual scavenging across the State of Karnataka had claimed scores of lives of workers. .Manual scavenging, the plea said, is a direct affront to a person’s right to life with dignity and respect. Further, the direct handling of human excreta involved in manual scavenging has severe health consequences, the PIL contended..The PIL further averred that the practice of manual scavenging has evolved and become institutionalized through the railways, in the defence establishment, and during certain religious festivals..It was the petitioner's case that the continued practice of manual scavenging is violative of the fundamental rights guaranteed under Articles 14, 15, 17, 19, 21 and 23 as well as the Directive Principles in Articles 38, 39, 46 and 47 of the Constitution of India. .The plea also threw light on the fact that the High Court had earlier constituted a Committee which submitted a report highlighting the conditions of pourakarmikas (sanitation workers) across Karnataka. .The report highlighted the incomplete underground drainages, a large number of septic tanks being cleaned manually, and further made recommendations for mechanization on a war footing. The state government had committed to the implementation of this report as well, the petition said. .However, the plea noted that subsequent to the decision of the Court in 2015, at least 41 persons have died in the course of manual scavenging. The plea claims that not a single conviction has taken place with regard to the death of manual scavengers in Karnataka. .The petitioner also raised concerns over the poor implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 in the State. ."Cumulatively, there has been a total failure on the part of the respondents to complete the process of systematic identification of manual scavengers. Not only identification and enumeration, but also the subsequent step of rehabilitation and assistance of manual scavengers is lacking. Additionally, there is a failure to take prosecution of accused to the logical conclusion of conviction,"PIL moved by AICCTU stated..On these grounds, the plea sought directions to abolish the practice of manual scavenging in the State. .This apart, the plea also sought the rehabilitation of manual scavengers. To this end, it prayed that compensation of Rs. 10 lakh each be paid to the next of kin of all manual scavengers who have lost their lives in manholes, sewer lines, septic tanks, etc. since 1993. .As interim relief, the plea prayed for restraining the respondents from permitting any person to practise manual scavenging in any form. .The second petition mainly questioned the implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act. .This plea also urged for the implementation of the directions issued by the apex court in the case of Safai Karamchari Andolan v. Union of India. .[Read AICCTU petition here]
