Deaths Due To Manual Scavenging Expose Claims : Supreme Court Seeks Explanation From Delhi, Kolkata & Hyderabad Authorities

The Supreme Court recently expressed dissatisfaction over the affidavits filed by authorities in Kolkata, Delhi and Hyderabad for failing to explain how and when manual scavenging and manual sewer cleaning would be stopped in their cities.

Particularly, the Court has noted that Delhi Jal Board, Kolkata Municipal Corporation and Hyderabad Metropolitan Water & Sewerage Board have not given any explanation as to how deaths due to manual scavenging and manual sewer cleaning have occurred when the authorities claimed that the practice has stopped in their respective cities. 

On January 29, a bench of Justices Sudhanshu Dhulia and Aravind Kumar passed directions banning manual scavenging and manual sewer cleaning in six metropolitan cities in a writ petition seeking the eradication of manual scavenging in India. These are Delhi, Mumbai, Kolkata, Chennai, Bangalore and Hyderabad. 

Pursuant to this order, the Chief Executive Officer of each city was directed to file affidavits clarifying when and how the manual scavenging has been eradicated.

The Court has now sought the presence of authorities from Bengaluru(which did not file an affidavit), Kolkata, Delhi and Hyderabad in the next hearing. 

It has further sought an explanation from all authorities why criminal prosecution may not be initiated against the officers or contractors who employed manual scavengers, or on whose watch, and orders, the deaths due to manual scavenging and manual sewer cleaning have occurred.

Mumbai and Chennai

On February 19, when the matter was taken up, the Court noted that the affidavits filed by Mumbai and Chennai were satisfactory. It has now directed them to file detailed affidavits elaborating what machines, and equipments are being used by them to substitute manual scavenging and manual sewer clearing.

The respective authorities from these two cities must also specify the precise date from which manual scavenging and manual sewer cleaning has been stopped. 

Bangalore

However, the Court found that the Bruhat Bengaluru Mahanagra Palika (BBMP) had not been any affidavit. Therefore, it directed the Commissioner of BBMP to be present in the next hearing.

As for Kolkata and Delhi, the Court found that the affidavits filed on behalf of Kolkata Municipal Corporation (KMC) and the Delhi Jal Board (DJB), respectively, were not at all satisfactory.

Kolkata

Particularly, KMC claimed that manual scavenging and manual sewer cleaning were stopped in the city. However, the Court noted that on February 2, three deaths occurred due to this.

Noting that the affidavit does not appear to be true and correct, the Court ordered the Municipal Commissioner, KMC, Dhaval Jain to be present in the next hearing.

As for the deaths, as per the KMC's counsel, Advocate Kunal Chatterji, the deaths occurred outside their jurisdiction and fell within the jurisdiction of the Kolkata Metropolitan Development Authority (KMDA). Whereas, Senior Advocate, Nandini Sen Mukherjee, for KMDA, stated that they have not assigned the work of manual scavenging and manual sewer cleaning.

In view of this, the Court directed the Chief Secretary, West Bengal, to clarify this position and file an affidavit as to under whose watch and jurisdiction manual scavenging and manual sewer cleaning is done in Kolkata and the peripheral areas of Kolkata including area under KMDA.

Delhi

As for Delhi, the Court found that the affidavit made an attempt to dodge the real question and gave an evasive reply. The affidavit merely says that manual scavenging and manual sewer cleaning is totally prohibited. But it does not explain how seven deaths have occurred in Delhi in the last one year. 

Considering this, the Court directed Director(S&DM), DJB, Pankaj Kumar Atray, to be present in next hearing. 

Hyderabad

The Court has also sought the presence of the Managing Director of Hyderabad Metropolitan Water & Sewerage Board, Telangana, K Ashok Reddy. It found that the affidavit filed by Hyderabad does not explain how and when manual scavenging and manual sewer cleaning was stopped.

Neither it explained why three deaths have occurred in last one year due to it.

The matter will be heard on March 20.

Case Details: DR. BALRAM SINGH v. UNION OF INDIA AND ORS.,|W.P.(C) No. 324/2020

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