A Supreme Court Bench led by Justice S. Ravindra Bhat recently took judicial notice of the fact that manual scavenging and deaths of people trapped in flooded sewer lines continue to be a reality though the practice was banned with the introduction of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013.
Key points
- The Supreme Court itself had reinforced the prohibition and directed the rehabilitation of people, traditionally and otherwise, employed as manual scavengers in its judgment in Safai Karamchari Andolan And Others vs. Union of India.
- Justice Bhat sought details of steps taken by the Centre in pursuance of the 2014 judgment, including rehabilitation of the people falling within the definition of ‘manual scavengers’, abolition/demolition of dry latrines statewise; status of dry latrines and employment of safai karamcharis; statewise set up of municipal corporations and the nature of equipment deployed by such bodies to mechanise sewage cleaning; and online tracking of sewage deaths and action taken by their authorities, including payment of compensation and rehabilitation of families.
- The 2014 judgment in the Safai Karamchari case had seen the court direct a one-time cash assistance to people employed as manual scavengers, houses for them, training in livelihood skills for at least one member of their families, concessional loans to prop them up financially and find an occupation, among other welfare measures.
- The judgment had directed Rs 10 lakh to be paid in compensation in the case of sewer deaths. It had directed the railways to “take time-bound strategy to end manual scavenging on the tracks”.
Key steps
- In July 2022, the Ministry of Social Justice and Empowerment had replied in the Lok Sabha that no death had been reported due to engaging in Manual Scavenging (which is lifting of human excreta from insanitary latrines as defined in Section 2(1) (g) of the MS Act, 2013).
- However, 188 persons died due to accidents while undertaking hazardous cleaning of sewer and septic tanks during the last three years.
- Parliament enacted the “Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013”, which has come into force with effect from 06.12.2013 in all States and Union Territories.
- In accordance with the Supreme Court’s Judgment dated 27.03.201, compensation of Rs. 10 lakh each is paid by the State Governments to the families of those who have died while cleaning sewers/septic tanks from the year 1993 onwards.
