Supreme Court Asked Centre To File Updated Affidavit In Plea Seeking Criminal Action Against Persons Employing Manual Scavengers Within 3 Weeks

"An updated affidavit shall be filed within a period of 3 weeks."

Additional Solicitor General, Ms. Madhavi Divan apprised the Bench comprising Justices D.Y. Chandrachud and Hima Kohli that substantive developments have taken place on ground, since the filing of the previous affidavit in the matter.

"A lot has been done after the last affidavit has been filed."

Accordingly, the Bench asked Centre to file an updated affidavit.

Advocate, Ms. Ashima Mandla, appearing on behalf of the petitioner, submitted that none of the 16 counter affidavits filed by the Union and State Governments in the matter address the concerns raised in the Public Interest Litigation (PIL).

"This is with respect to the death of manual scavengers. I have a limited submission. This is a 3 year old PIL and only 16 counter affidavits have been received so far. None of them are on the parameters for which the PIL had been sought."

She submitted, "Every 5 days one manual scavenger dies." Thus, stating the urgency in the matter, she requested the Bench to assign a 'fixed date' on which the matter can be taken up for hearing.

Justice Chandrachud assured her that the matter would be taken up on priority.

The PIL filed by "Criminal Justice Society of India" also prays for directions to the Union and State Governments to bring on record the actual number of persons engaged in manual scavenging and also a number of persons who have died since 1993 while working as manual scavengers so that FIRs can be registered in all such cases.

The petitoner approached the Supreme Court seeking initiation of criminal proceedings for culpable homicide not amounting to murder against officials, agencies, contractors or any other person involved in engaging or employing manual scavengers resulting in their death at work.

The petition prays for directions to the Centre, the States and the Union Territories to bring on record the actual number of persons engaged in manual scavenging and those who died while working as manual scavengers so that FIRs can be registered in all such cases under IPC Section 304 read with IPC Section 107/ 119.

The plea has also sought directions to the Chief Divisional Personnel Officers of the Indian Railways to place on record their respective status report reflecting the number of manual scavengers engaged or employed either directly or indirectly since 1993, besides a direction to the National Human Rights Commission and Chief Secretaries of all states and Union Territories to submit a report reflecting the manual scavenger deaths that have occurred since 1993.

The plea, filed by Advocate Fuzail Ahmad Ayyubi, states that despite a prohibition on employment of persons as manual scavengers, the age-old banished tradition continues. The Manual Scavengers are subjected to inhuman working conditions; exposed to diseased sewages and pits; forced to work without any protective gears.

The plea has cited the judgment of the Supreme Court, in Safai Karmachari Andolan And Ors. v. Union of India And Ors., where it was observed that the States must work towards the rehabilitation of manual scavengers in order to reduce the number of manual scavengers in the country. It was further directed that in case of death of a manual scavenger, the next of kin is entitled to a compensation of Rs. 10 lakh, which has to be borne by the respective State Government.

The petition has impleaded the Ministry of Law and Justice, the Ministry of Social Justice and Empowerment, the Ministry of Drinking Water and Sanitation, the National Commission for Scheduled Castes, National Commission for Safai Karamcharis, Indian Railways and all the states and Union Territories.

[Case Status: Criminal Justice Society v. UOI And Ors. WP(Crl) No. 20/2019]

Click Here To Read/Download Order