'We Will Go To Any Extent': Supreme Court Expresses Dismay At Govts Not Implementing Directions To Eradicate Manual Scavenging

The Supreme Court on December 11 orally expressed that "it will go to any extent" to make sure the Court's order is complied with while hearing a Public Interest Litigation praying that the major provisions of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 as well as the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, remain unimplemented despite the mandate of the Statutes.

A bench of Justices Sudhanshu Dhulia and Aravind Kumar expressed dismay at how the matter has progressed and even expressed its intentions to issue contempt for willful disobedience of the Court's order. Justice Dhulia on compliance with the orders, orally remarked: "These are low priority areas of the Government...One thing is sure, this we will not leave. This is a question of human dignity. This is something which is, I am sure, close to your heart...We will not leave it. Let me tell you, we will go to any extent to ensure compliance with the order come what may."

However, considering the suggestion of Additional Solicitor General Aishwarya Bhati, that a meeting of the Central Monitoring Committee could be called along with the respective stakeholders of the State agencies within 2 weeks to assess to what extent the compliance has been made, the Court allowed Union to file an affidavit. The affidavit must mention reasons for non-compliance and why.

By an order dated October 20, 2023, the Court had passed comprehensive directions pursuant to which the Union was to file a status report. However, the Court in its December 11 order observed that the status report filed by the Union on January 31 is "not encouraging at all".

The Court observed: "Most of the directions given in order dated 20.10.2023, have not been complied with."

By that order, the Court had directed a National Survey of Manual Scavengers across the States and UT should be done within a year. However, Senior Advocate and Amicus Curiae K.Parameshwar informed the Court that the survey is yet to be done. He added that the survey has to be done with the assistance of the District Level Survey Committee and in many of the States the District Level Survey Committee have not even been formed.

He also stated that even the Central Monitoring Committee has not met for 4 years.

Considering the dismal state of affairs, the Court in its order further noted: "Even in some of the cases, the formation of statutory bodies which the States are mandated to comply under the Acts, have not been done like National Commission for Safai Karamcharis, State Commission for Safai Karamcharis, Central Monitoring Committee, State Monitoring Committee, Vigilance Committees, State Level Survey Committee, District Level Survey Committee.

Secondly, the order of the Court had also directed that considering technology and scientific advancement, it is now entirely possible to eradicate manual scavenging, unhygienic latrines and use of manual labour in sewer lines completely, yet little progress has been done in this field."

Parameshwar also submitted that there are zero FIRs registered despite 40 sewer deaths as reported by civil organisation Safai Karamchari Andolan this year so far. He added that on average, there are 70-80 deaths due to sewer cleaning every year. Justice Dhulia responded: "This has to be registered under [Indian Penal Code Section] 306. It is abetment to suicide."

Justice Kumar also added: "You said there are 40 deaths this year. Why is the DGP doing and now filing the FIRs? These families are voiceless."

Background

In this litigation which has been going on since 2018, it was observed by the Court that in spite of there being provisions both in the 1993 Act as well as the 2013 Act, both manual scavenging, unhygienic latrines and employment of manual labour in sewer lines, which is known as hazardous cleaning, were continuing in all parts of the country. Not only this, the formation of various Committees under the Acts had not been done.

By an order dated October 20, 2023, the Court issued comprehensive directions:

1. The Union should take appropriate measures and frame policies, and issue directions, to all statutory bodies, including corporations, railways, cantonments, as well as agencies under its control, to ensure that manual sewer cleaning is completely eradicated in a phased manner, and also issue such guidelines and directions as are essential, that any sewer cleaning work outsourced, or required to be discharged, by or through contractors or agencies, do not require individuals to enter sewers, for any purpose whatsoever;

2. All States and Union Territories are likewise, directed to ensure that all departments, agencies, corporations and other agencies (by whatever name called) ensure that guidelines and directions framed by the Union are embodied in their own guidelines and directions; the states are specifically directed to ensure that such directions are applicable to all municipalities, and local bodies functioning within their territories;

3. The Union, State and Union Territories are directed to ensure that full rehabilitation (including employment to the next of kin, education to the wards, and skill training) measures are taken in respect of sewage workers, and those who die;

4. The court hereby directs the Union and the States to ensure that the compensation for sewer deaths is increased (given that the previous amount fixed, i.e., ₹ 10 lakhs) was made applicable from 1993. The current equivalent of ₹ that amount is Rs. 30 lakhs. This shall be the amount to be paid, by the concerned agency, i.e., the Union, the Union Territory or the State as the case may be. In other words, compensation for sewer deaths shall be 30 lakhs. In the ₹ event, dependents of any victim have not been paid such amount, the above amount shall be payable to them. Furthermore, this shall be the amount to be hereafter paid, as compensation.

5. Likewise, in the case of sewer victims suffering disabilities, depending upon the severity of disabilities, compensation shall be disbursed. However, the minimum compensation shall not be less than 10 lakhs. If the ₹ disability is permanent, and renders the victim economically helpless, the compensation shall not be less than 20 lakhs. ₹

6. The appropriate government (i.e., the Union, State or Union Territories) shall devise a suitable mechanism to ensure accountability, especially wherever sewer deaths occur in the course of contractual or “outsourced” work. This accountability shall be in the form of cancellation of contract, forthwith, and imposition of monetary liability, aimed at deterring the practice.

7. The Union shall device a model contract, to be used wherever contracts are to be awarded, by it or its agencies and corporations, in the concerned enactment, such as the Contract Labour (Prohibition and Regulation Act), 1970, or any other law, which mandates the standards – in conformity with the 2013 Act, and rules, are strictly followed, and in the event of any mishap, the agency would lose its contract, and possibly blacklisting. This model shall also be used by all States and Union Territories.

8. The NCSK, NCSC, NCST and the Secretary, Union Ministry of Social Justice and Empowerment, shall, within 3 months from today, draw modalities for the conduct of a National Survey. The survey shall be ideally conducted and completed in the next one year.

9. To ensure that the survey does not suffer the same fate as the previous ones, appropriate models shall be prepared to educate and train all concerned committees.

10. The Union, State and Union Territories are hereby required to set up scholarships to ensure that the dependents of sewer victims, (who have died, or might have suffered disabilities) are given meaningful education.

11. The National Legal Services Authority (NALSA) shall also be part of the consultations, toward framing the aforesaid policies. It shall also be involved, in coordination with state and district legal services committees, for the planning and implementation of the survey. Furthermore, the NALSA shall frame appropriate models (in the light of its experience in relation to other models for disbursement of compensation to victims of crime) for easy disbursement of compensation.

12. The Union, State and Union Territories are hereby directed to ensure coordination with all the commissions (NCSK, NCSC, NCST) for setting up of state level, district level committees and commissions, in a time-bound manner. Furthermore, constant monitoring of the existence of vacancies and their filling up shall take place.

13. NCSK, NCSC, NCST and the Union government are required to coordinate and prepare training and education modules, for information and use by district and state level agencies, under the 2013 Act.

14. A portal and a dashboard, containing all relevant information, including the information relating to sewer deaths, and victims, and the status of compensation disbursement, as well as rehabilitation measures taken, and existing and available rehabilitation policies shall be developed and launched at an early date.

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

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