Supreme Court issues fresh directions for implementing law prohibiting Manual Scavenging

The Supreme Court on Wednesday issued directions towards implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 and the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. (Dr Balram Singh v. Union of India and ors).A Bench of Justices S Ravindra Bhat and Dipankar Datta appointed Advocate K Parameshwar Amicus Curiae in the matter.The following directions were issued to the Central government:(I) the respondent – Union shall place on record the steps taken pursuant to the judgment of this Court, viz.-a-viz. The Status of implementation of the 2013 Act i.e. Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, including the steps towards rehabilitation of such persons falling within the definition of ‘Manual Scavengers’. (II) Steps taken towards abolition/demolition of Dry Latrines, statewise.(III) Status of Dry Latrines and Safai Karamcharies in Cantonment Boards and Railways. (IV) Employment of Safai Karamcharies in Railways and Cantonments Boards whether directly or indirectly i.e. through Contractors or otherwise. (V) Statewise set up of Municipal Corporation and the nature of equipment (as well as the description of technical equipment), deployed by such bodies to mechanize sewage cleaning. (VI) The feasibility of developing internet based solutions for real time tracking of sewage deaths and action taken by their concerned authorities including the appropriate Government towards payment of compensation and rehabilitation of families..The Union Ministry of Social Justice and Empowerment was asked to place on record an affidavit containing information on these issues within six weeks. The matter will be taken up next on April 12, 2023.The National Commission for Safai Karamcharis, the National Commission for Scheduled Castes, and the National Commission for Scheduled Tribes were added as respondents..The petitioner-in-person in the matter, Dr Balram Singh, had sought directions for implementation of the two Acts.The Supreme Court at the outset referred to its decision in Safai Karamchari Andolan And Others v. Union of India And Others, where guidelines for compliance with the 2013 Act were issued.In that order, among other things, the Court had sought rehabilitation, cash assistance, and residential plots for existing manual scavengers. Stipends were also to be provided to their families so they could be trained in alternative professions, and the government was asked to identify and phase out the practice from railway tracks.Further, the government was directed to clamp down on sewer deaths, issue ₹10 lakh compensation to the next of kin in such cases, and make it illegal to enter sewers without safety equipment. With respect to the claims in the present plea, and since the directions sought were in public interest, the Court has proceeded to be apprised of the steps taken for enforcement of provisions of the two Acts..Replying to a question in the Rajya Sabha, the Union Ministry of Social Justice and Empowerment had in July 2021 stated that no deaths have been reported due to manual scavenging in the last five years.Interestingly, at the time, at least three High Courts in the country - those of Karnataka, Orissa and Madras - were hearing cases related to manual scavenging, and deaths of people who entered manholes to clean them..Additional Solicitor General Aishwarya Bhati, with Advocates Gurmeet Singh Makker, Ruchi Kohli, Shradha Deshmukh, and Swarupama Chaturvedi appeared for the respondents..[Read order]