The Supreme Court, on December 11, strongly emphasized that it “will go to any extent” to ensure compliance with its orders while hearing a Public Interest Litigation (PIL) addressing the continued failure to implement key provisions 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. A bench comprising Justices Sudhanshu Dhulia and Aravind Kumar expressed dissatisfaction with the progress on the issue and indicated its willingness to initiate contempt proceedings for deliberate non-compliance with its directives. Justice Dhulia, highlighting the importance of enforcing compliance, remarked, “These are low-priority areas for the Government. But let me assure you, this matter is about human dignity and we will not leave it. We will go to any extent to ensure compliance with the orders.”
Taking into account the suggestion of Additional Solicitor General Aishwarya Bhati to convene a meeting of the Central Monitoring Committee along with relevant state agencies within two weeks, the Court permitted the Union to file an affidavit. This affidavit is required to detail the reasons for non-compliance and outline measures for improvement.
The Court observed that a status report filed by the Union on January 31, following an earlier order dated October 20, 2023, was “not encouraging at all.” It noted that most of the directions issued in the October 20 order had not been implemented. Among these directions was the requirement to conduct a National Survey of Manual Scavengers across States and Union Territories within a year. However, Senior Advocate and Amicus Curiae K. Parameshwar informed the Court that not only had the survey not commenced, but District Level Survey Committees, essential for the survey’s execution, had not been constituted in many states. He further noted that the Central Monitoring Committee had not convened for the past four years.
The Court, expressing its disappointment, observed that several statutory bodies mandated under the Acts, such as the National Commission for Safai Karamcharis, State Commissions for Safai Karamcharis, and Vigilance Committees, had not been established. Justice Dhulia stressed that technological advancements make it entirely possible to eliminate manual scavenging and hazardous sewer cleaning, yet progress on this front remains minimal.
Parameshwar also pointed out that despite civil organization Safai Karamchari Andolan reporting 40 sewer deaths this year, no First Information Reports (FIRs) have been registered. On average, 70-80 deaths occur annually due to sewer cleaning. Justice Dhulia remarked that such cases should be prosecuted under Section 306 of the Indian Penal Code (abetment to suicide), while Justice Kumar questioned the role of the Director General of Police (DGP) in addressing these cases, calling attention to the voiceless plight of the affected families.
Background of the Case
The PIL, ongoing since 2018, highlights the continued practice of manual scavenging, the prevalence of unhygienic latrines, and the employment of manual labor in sewer cleaning, despite statutory prohibitions under the 1993 and 2013 Acts. Furthermore, various statutory committees and monitoring mechanisms required under the Acts remain largely unestablished.
On October 20, 2023, the Supreme Court issued comprehensive directives, including:
- Eradication of Manual Sewer Cleaning: The Union was instructed to frame policies and issue guidelines to eradicate manual sewer cleaning in a phased manner, ensuring that no individual enters sewers for cleaning purposes. States and Union Territories were directed to implement these guidelines within their jurisdictions.
- Rehabilitation and Compensation: Full rehabilitation, including employment for the next of kin, education for dependents, and skill training for sewage workers, was mandated. The Court increased compensation for sewer deaths from ₹10 lakhs (fixed in 1993) to ₹30 lakhs, with a provision for proportional compensation in cases of disability, ranging from ₹10 lakhs to ₹20 lakhs, based on severity.
- Accountability for Sewer Deaths: Governments were directed to establish accountability mechanisms for sewer deaths, including cancellation of contracts and imposition of monetary penalties on contractors or agencies responsible for hazardous cleaning practices.
- National Survey: A national survey of manual scavengers was to be conducted and completed within a year, with coordination among all relevant bodies, including the National Commission for Safai Karamcharis (NCSK), and state and district-level committees.
- Education and Training: Training and education modules for stakeholders were to be developed, and scholarships for dependents of victims were to be introduced.
- Dashboard and Portal: A centralized portal was to be created, providing information on sewer deaths, compensation disbursement, and rehabilitation measures.
Despite these directions, the Court noted little progress and reiterated its resolve to address the issue as a matter of human dignity.
Case Details: Dr. Balram Singh v. Union of India & Ors., W.P.(C) No. 324/2020
