Supreme Court surprised at manual scavenging deaths as authorities claim practice has stopped
A bench led by Justice Sudhanshu Dhulia directed Delhi Jal Board (DJB) Director (Safety and Disaster Management) Pankaj Kumar Atray, Hyderabad Metropolitan Water and Sewerage Board Managing Director K Ashok Reddy, Kolkata Municipal Commissioner (KMC) Dhaval Jain and Bruhat Bengaluru Mahanagara Palike Commissioner to remain present before it on March 20 – the next date of hearing.
The bench was surprised to note that seven deaths have happened in Delhi and three deaths each in Hyderabad and Kolkata due to manual scavenging and manual sewer cleaning.
It summoned the Bruhat Bengaluru Mahanagara Palike Commissioner as no affidavit was filed by the civic body.
“We further need an explanation from all the authorities concerned as to why criminal prosecution may not be initiated against the officers concerned and/or the contractors who have employed manual scavengers and, on whose watch, and orders these deaths have occurred, due to manual scavenging and manual sewer cleaning,” it said in its February 19 order.
The bench, which had earlier banned manual scavenging, asked the Delhi, Kolkata and Hyderabad authorities to explain how deaths due to manual scavenging and manual sewer cleaning have occurred when the practice has stopped.
While hearing a petition against the practice of manual scavenging, the top court noted that there was no clarity if manual scavenging and manual sewer cleaning had stopped in these cities.
Terming the DJB affidavit as “very evasive”, the bench said, “What it says is that manual scavenging and manual sewer cleaning in DJB is totally prohibited. This is not the reply that we had sought from them.” There was no explanation as to how seven such deaths took place in the capital in the last one year, it noted.
On KMC’s claim that the practices had stopped there, the bench said “….there is no explanation from them which has come forward to explain to this court as to why even after manual scavenging and manual sewer cleaning was stopped as per their claim, three deaths have occurred on February 2 due to manual scavenging as we have been informed at the Bar.”
Again, there was no explanation from Hyderabad Metropolitan Water and Sewerage Board as to how and when the practices were stopped and why three related deaths took place due in Hyderabad in the last one year.
However, it said the affidavits led by the authorities of Mumbai and Chennai municipal corporations were satisfactory.
It also 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 in the peripheral areas of Kolkata, including the area under the jurisdiction of Kolkata Metropolitan Development Authority”.
