Manual Scavenging Is State Sanctioned Casteism, Stark Reminder Of Deep-Rooted Discrimination: Madras HC Issues Guidelines For Eradication

The bench of Chief Justice SV Gangapurwala and Justice Sathya Narayana Prasad remarked that though there might have been a need for manual scavenging in an age of absence of technology, continuing the practice in today's age with technological advancements was nothing but State sanctioned casteism which was against the constitutional ethos.

“In the past there may have been a need for manual scavenging in the absence of technology. The situation as it stands in 2024 is different, not a single human being needs to be sent down a sewer. Doing so is nothing less than State sanctioned casteism in complete contravention of Constitutional ethos. Forcing a work upon a person as against his health, dignity and that of his family despite there being machinery available needs to be done away with,”

The court added that lack of funds could not be a justification to continue the practice and the Court, being the protector and guarantor of fundamental rights could not be a mute spectator and allow generational condemnation of the oppressed class to a life of poverty, ill-health, and indignity in complete disregard to their fundamental rights under Article 21 of the constitution.

The court was hearing a plea by Safai Karamchari Andolan seeking to eradicate manual scavenging in the state and implement the Prohibition Act.

The court noted that eradicating manual scavenging required a concerted effort from all stakeholders including government, civil society organizations, employers, and communities. The court added that there was a legal obligation under human rights law to ensure the protection and well-being of all individuals regardless of their caste, gender, and socio-economic status.

The court lamented that manual scavenging was a bane on society that perpetuated violence of human rights and the dignity of marginalized communities. The court remarked that manual scavenging was a stark reminder of deep-rooted inequalities and discrimination that persisted in our society.

"The persistence of manual scavenging is a stark reminder of the deep-rooted inequalities and discrimination that continue to pervade our society, perpetuating the cycle of poverty, oppression, and exclusion faced by marginalized groups. We boast of the ground-breaking growth, but still there exists a community which makes its living by entering into septic tanks and manholes," the court added.

Pointing at the physical as well as the mental health risks associated with manual scavenging along with the marginalization meted out to the community, the court issued guidelines to be followed by the state and corporations to ensure the eradication of manual scavenging.

The court directed the state to take stringent action against those engaging in employing persons for manual scavenging. The court also directed the state to provide protective and safety equipment in case of using individuals for sanitary work. The court also suggested making cleaning works completely mechanized and providing appropriate sensitization to workers on the perils of manual scavenging.

The court asked the State to strictly implement and comply with the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The court also asked to enhance compensation for deaths and permanent disability due to manual scavenging work and to frame a scheme for offering compassionate appointments to the family members of deceased scavenger workers.

Apart from directing stringent action against those engaging people in manual scavenging work, the court also directed free health checkups for the workers. The court underlined that all efforts must be taken to eradicate manual scavenging in a phased manner by 2026.

Counsel for the Petitioner: Senior Advocate Srinath Sridevan

Citation: 2024 LiveLaw (Mad) 182

Case Title: Safai Karamchari Andolan v Union of India and Others

Case No: WP 17380 of 2017

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