Karnataka High Court Takes Suo Moto Cognizance Of Continued Manual Scavenging Despite Ban, Flags Issue Of Caste Discrimination

The Karnataka High Court on Wednesday took suo-motu cognizance of continued practice of manual scavenging in the State, despite a legal ban.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit also flagged the issue of caste discrimination imbedded in the practice.

“More than 60 years now, a person who is our brother in society, merely because…either his misfortune he took birth in a particular community, carrying a stamp of one caste, he is required to do this work…is it not a shame on humanity. Is it this what we all are here for…Merely because somebody is facing financial difficulty is he to lead a life as bad as an animal?" the Chief Justice said.

The bench said it is shameful that humans are called to clean septic tanks across the state. "The news item certainly shocks one's conscience.” The news item appeared on December 25, 2023 in the newspaper The New Indian Express titled “Despite ban, manual scavenging continues.”

The court has requested Advocate Shridhar Prabhu to appear as amicus curiae in the matter and directed him to file a public interest litigation with the registry. The Registry has been asked to post the matter for hearing on Monday.

Chief Justice Varale said the practice of manual scavenging was no longer required with the advent of technology. However, he remarked, "Our problem is not availability of machinery, our problem is our mindset.”

He quoted a couplet of poet Sahir Ludhianvi saying “Mitti ka bhi hai kuchh mol magar insanon ki qimat kuch bhi nahin, insanon ki izzat jab jhute sikkon mein na tauli jayengi…Voh subhah kabhi toh ayengi…”

He said while the country is proud, having reached the moon but at the same time, "we are not treating our brothers as human beings, all development will be (waste)...”