Eradication of manual scavenging: SC asks Centre to convene meeting of State Monitoring Committees

Dissatisfied with the progress made, the Supreme Court has asked the Centre to convene a meeting of State Monitoring Committees and file an affidavit giving details of the implementation of its October 2023 directions on the issue have been complied with.

“Let an affidavit be filed by the Union of India as to what extent the directions have been complied with and action taken report be filed on each of the heads on which the directions have been given by this Court in its order dated 20.10.2023,” a Bench of Justice Sudhanshu Dhulia and Justice Aravind Kumar said.

“The inaction and shortfall of each compliance and the reasons why this was so, shall also be assigned. The affidavit shall also include the work already done. The affidavit shall give the State wise breakups of all the States. The said affidavit be filed within a period of two weeks after the meeting,” it said in its December 11 order.

The direction came after Additional Solicitor General Aishwarya Bhati suggested that since in the mandate of the Central Monitoring Committee constituted under Section 30 of the 2013 Act was to coordinate the functions of all the state agencies, including the State Monitoring Committees, a meeting shall be called by the officers concerned.

The Bench was hearing a PIL seeking implementation of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013. Petitioner Dr Balram Singh alleged that despite the statutory mandate, major provisions of the two welfare legislations remained unimplemented and manual scavenging, unhygienic latrines and employment of manual labour in sewer lines --  which is known as hazardous cleaning – continued across India.  Not only this, the formation of various Committees under the Acts had not been done, Singh alleged.

Amicus Curiae K Parameshwar pointed out that the status report filed by the Centre was “not encouraging at all” and a survey required under the 2013 Act had not been done. He told the Bench that the survey has to be done with the assistance of District Level Survey Committee and in many of the States the District Level Survey Committee have not even been formed.

In some of the cases, the formation of statutory bodies such as 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—which the States are mandated to comply under the Acts—had not been done.

The top court had last year also directed that considering technology and scientific advancement, it’s now entirely possible to eradicate manual scavenging, unhygienic latrines and use of manual labour in sewer lines completely, yet little progress had been made in this field, it noted.

In its October 2023 order, the top court had asked the Centre “to 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.”

The Bench had asked it to “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.”

It had directed all states and union territories to ensure that all departments, agencies, corporations and other agencies embodied the guidelines and directions framed by the Union in their own guidelines and directions.

The top court had also directed them 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 died. It had directed the Centre and states to ensure that the compensation for sewer deaths was increased to Rs 30 lakh.

“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,” it had ordered.