Law Students' Plea Seeking Implementation Of Manual Scavengers Act: Allahabad High Court Seeks UP Govt's Response

Having perused the recommendation made in the plea, the Bench of Chief Justice Govind Mathur and Justice Ajai Kumar Srivastava-I called upon State of Uttar Pradesh, Nagar Nigam, Prayagraj and Jal Nigam, Prayagraj to furnish its response to the contents of the petition for a writ at the earliest.

The plea before the Court

The petitioners, all students of Law at various Law Institutes in the country, through the instant plea, raised this issue after undertaking a detailed study with regard to objective conditions for scavenging in the city of Prayagraj and other certain areas of the State of Uttar Pradesh.

The Petitioners, in their survey, found that no adequate safety equipment is provided to the scavengers and that they are still working manually which is otherwise prohibited under the Act, 2013.

The petitioners after undertaking a systematic survey made following recommendations: -

• Technological intervention, like Suction machines, should be made available to prevent Manual Scavenging.
• Training of local bodies or sanitation inspectors about the act, safety procedure, the technical know-how of cleaning devices, should be imparted effectively.
• Proper awareness program regarding the MS Act 2013 and its effective implementation in the ground should also be made a priority and sensitization for the authorities should be done.
• Monitoring authorities to ensure compensation for the families and penalizing the implementation agencies at fault.
• Comprehensive Rehabilitation of the families should be provided. One adult family member of the deceased should be given adequate skill training and an opportunity of employment.
• Allotment of the due amount of scholarship and that there is effective implementation of the scheme for the children whose parent/s engaged in an occupation involving cleaning and prone to health hazards.
• Appropriate infliction of penalty on those involved in the offence of employing people for the de-humanizing practice of manual scavenging.
• Adequate budget allocation for the implementation of the Scheme for Rehabilitation of Manual Scavengers (SRMS) should be the urgent need of the authority as the budget has reduced drastically over the years.
• Regulation of sanitation work is needed for – enumeration of sanitation workers, empanelment of private service providers, adoption of standard operating procedures, mechanization of sanitation work, and setting up an Emergency Response Sanitation Unit.

Further, it was argued before the Court that whatever recommendations are made by the petitioners are in consonance to the provisions of the Act, 2013 that was enacted to ensure a dignified life to the lowest rung of social hierarchy.

Significantly, the Petitioners asserted that the practice of manual scavenging is a must to restore human dignity and to abolish dehumanizing practice.

The matter has been listed for further hearing on 12^th April, 2021 and the respondents have been directed to positively file the response to the petition for writ on or before 9^th April, 2021.

In a significant observation, the Madras High Court on Tuesday (16th March) opined that it is high time that the heads of Corporations and Municipalities are held 'personally liable' for any death to anyone engaged in manual scavenging within their territories.

The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy also directed the Secretary in the Municipal Administration and Water Supply to list out the measures taken in terms of the orders passed by the Court to stop the practice of Manual Scavenging.

Click Here To Download Order

Read Order