As per the case facts, a writ petition was filed by Dr. Balram Singh, highlighting the persistent issue of manual scavenging. The case addressed the historical deprivation and inhumane conditions ...
No Acts & Articles mentioned in this case
2023 INSC 950 REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO(S). 324 OF 2020
DR. BALRAM SINGH …APPELLANT(S)
VERSUS
UNION OF INDIA & ORS. …RESPONDENT(S)
JUDGMENT
S. RAVINDRA BHAT, J.
1. The unforgettable annals of our history not only have charted the
numerous sacrifices of the people who fought for independence from the
foreign imperial ruler but also a lesser-known freedom that for millennia eluded
a large mass of people, who were nearly invisible. They were trapped in the
thralldom of a solitude from which there was no liberation. That was centuries
old stigmatising social practices that led to their depravation, to such levels that
they were not even recognised as human beings. Among these practices was one
which generations of people, were made to perform the meanest task of manual
scavenging. It was to address this kind of social practice and with the resolve to
completely out light and emancipate those trapped in it from the thralldom of
bondage, that the constitution framers ensured three important provisions,
which stare at us like beacons, assuring not only equality but fraternity amongst
1
all people: the prohibition of untouchability; the outlawing of forced or
involuntary labour and the freedom against exploitation.
2.To flesh out and give shape to the objects of these provisions, Parliament
intervened and enacted several legislations. The first was the Civil Rights Act
1955; its provisions were amended in 1976 to outlaw the practice of
untouchability. The penalization of these severe forms with stringent
punishment was sought to be achieved by the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 which was further strengthened by
later amendments. In that ensuring full economic freedom and true
emancipation were two enactments, the “Employment of Manual Scavengers
and Construction of Dry Latrines (Prohibition) Act, 1993” (hereinafter “Act
1993”) and the “Prohibition of Employment as Manual Scavengers and Their
Rehabilitation Act, 2013” (hereinafter “Act 2013”).
3.The present petition is filed under Article 32 of the Constitution of India,
seeking directions to Respondents (Union of India and all the States and Union
Territories) to implement provisions, inter alia, of the Act of 1993 and Act of
2013.
4.In the year 1993, a special Commission for Safai Karamchari was
established as per the provisions of National Commission for Safai Karamchari
Act, 1993 (hereinafter “NCSK Act”) to give its recommendations to
Government regarding specific programmes for the welfare of Safai
Karamcharis. In the same year, India took another significant step by
prohibiting the employment of manual scavengers responsible for the daily
manual emptying of certain types of dry toilets. Subsequently, the Parliament
enacted the Act of 2013 which extended and clarified its scope to include
2
insanitary latrines, ditches and pits. However, the petitioner claims that the
respondents have not implemented essential provisions of these statutes.
Regrettably, manual scavenging persists despite these legislations. Petitioner
prayed that Act of 1993 and 2013 should be implemented in letter and spirit and
to do so, it is necessary to impose a blanket ban on manual scavenging, while
simultaneously ensuring adequate rehabilitation and employment opportunities
for those currently engaged in these practices.
5.This Court previously addressed this subject matter in Safai Karamchari
Andolan and Others vs. Union of India & Ors
1
and after analyzing the
provisions of 2013 Act, issued following directions:
“23. We have already noted various provisions of the 2013 Act and also in the
light of various orders of this Court, we issue the following directions:
23.1. The persons included in the final list of manual scavengers under
Sections 11 and 12 of the 2013 Act, shall be rehabilitated as per the
provisions of Chapter IV of the 2013 Act, in the following manner, namely:
(a) such initial, one-time cash assistance, as may be prescribed;
(b) their children shall be entitled to scholarship as per the relevant scheme of
the Central Government or the State Government or the local authorities, as
the case may be;
(c) they shall be allotted a residential plot and financial assistance for house
construction, or a ready-built house with financial assistance, subject to
eligibility and willingness of the manual scavenger as per the provisions of
the relevant scheme;
(d) at least one member of their family shall be given, subject to eligibility
and willingness, training in livelihood skill and shall be paid a monthly
stipend during such period;
(e) at least one adult member of their family shall be given, subject to
eligibility and willingness, subsidy and concessional loan for taking up an
alternative occupation on sustainable basis, as per the provisions of the
relevant scheme;
(f) shall be provided such other legal and programmatic assistance, as the
Central Government or State Government may notify in this behalf.
1 (2014) 11 SCC 224
3
23.2. If the practice of manual scavenging has to be brought to a close and
also to prevent future generations from the inhuman practice of manual
scavenging, rehabilitation of manual scavengers will need to include:
(a) Sewer deaths — Entering sewer lines without safety gear should be made
a crime even in emergency situations. For each such death, compensation of
Rs 10 lakhs should be given to the family of the deceased.
(b) Railways — Should take time-bound strategy to end manual scavenging
on the tracks.
(c) Persons released from manual scavenging should not have to cross
hurdles to receive what is their legitimate due under the law.
(d) Provide support for dignified livelihood to safai karamchari women in
accordance with their choice of livelihood schemes.
23.3. Identify the families of all persons who have died in sewerage work
(manholes, septic tanks) since 1993 and award compensation of Rs 10 lakhs
for each such death to the family members depending on them.
23.4. Rehabilitation must be based on the principles of justice and
transformation.
In the present writ petition, the petitioner claims several directions such
as:
(a)directing the respondents to implement provisions of the Water
Prevention and Control of Pollution Act, 1974; The Air (Prevention and
Control of Pollution) Act, 1981; The Environment Protection Act, 1986,
The Public Liability Insurance Act, 1991; The Employment of Manual
Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 The
Prohibition of Employment as Manual Scavengers and their Rehabilitation
Act, 2013 and other statutes rules and regulation pertaining to protection
of environment and human health and direct respondent to
(b)make provisions for underground swear /drainage system for disposal
of used water and for treatment of used water in all villages towns and
cities including slum areas
(c)make used water reusable after treatment for use of cattle, agricultural
and other purposes except for human drinking and separate ponds should
be made for collecting water for human use and animals use;
(d)make provisions for supply of goods, clean and un contaminated water
in all villages, towns and cities and for this purpose to install big water
purifier plans so that every citizen of the country can have good and
purified drinking water of high quality;
(e)provide for rain water harvesting system throughout the country. It
must be made a pre-requisite for raising any type of construction
(f)connect all toilets with sewage system
(g)install sewage treatment plants waste plants in all villages, towns and
cities of the country
4
(h)convert all open drains into close one and construct all drains
underground in further
(i)provide for mechanical scavenging measures for cleaning drains and
sewages lines and to stop manual immediately
(j)repair roads within a prescribed period
(k)fix liabilities of government officer who do not follow and implement
provisions for environmental protection. They should be punished for every
negligence act of non-compliance of provisions
(l)pay compensation of rupees fifty 50,00,000/- (Rupees fifty lacs) in case
any person dies while entering or after entering into sewage for cleaning it
manually during pendency of this petition,
(m)provide for good drinking water on demand of public in areas where
there is no provision for water supply and water available is contaminated
and not fit for human use
(n)repair all roads on demand of public within a period of three months
2
6.On February 22, 2023, this court, inter alia, issued several directions
aimed at ensuring effective implementation of the provisions outlined in the
two acts, which is reproduced below:
(I)the respondent – Union shall place on record the steps taken pursuant
to the judgment of this Court, viz.-a-viz. The Status of implementation of
the 2013 Act i.e., Prohibition of Employment as Manual Scavengers and
Their Rehabilitation Act, 2013 including the steps towards rehabilitation
of such persons falling within the definition of ‘Manual Scavengers’.
(II) Steps taken towards abolition/demolition of Dry Latrines, state-wise.
(III) Status of Dry Latrines and Safai Karamcharies in Cantonment
Boards and Railways.
(IV)Employment of Safai Karamcharies in Railways and Cantonments
Boards whether directly or indirectly i.e., through Contractors or
otherwise.
(V)State-wise set up of Municipal Corporation and the nature of
equipment (as well as the description of technical equipment), deployed
by such bodies to mechanize sewage cleaning.
(VI)The feasibility of developing internet-based solutions for real time
tracking of sewage deaths and action taken by their concerned authorities
including the appropriate Government towards payment of compensation
and rehabilitation of families.
2(pg. 17-20 of Writ Petition)
5
7.Further, this court also added as parties to the present proceedings, the
Union of India through Secretary, Ministry of Social Justice & Empowerment
(hereafter “Union”); the National Commission for Safai Karamcharis (hereafter
“NCSK”) ; the National Commission for Scheduled Castes (hereafter “NCSC”),
and the National Commission for Scheduled Tribes (hereafter “NCST”). The
court appointed Mr. K Parmeshwar, Advocate as Amicus Curie. On April 12,
2023, this court took note of two notifications issued by the Ministry of
Railways dated 4.6.2014, and 13.10.2014 which stipulates that individuals
engaged in cleaning sanitary latrines in passenger coaches and railway tracks at
stations would not be subject to the prohibitions set forth in the Act of 2013 if
they are provided with basic equipment such as face masks, gloves, boots, and
brooms. Additionally, this court considered the observations made by the NCSK
regarding the lack of action by the Railways, as presented in reports included in
the compilation submitted to the court by the Amicus Curiae. In light of this, the
court directed the Railways to submit a specific affidavit addressing these
aspects.
8.During the course of proceedings, on May 2, 2023, it was brought to
notice of this court about irregular functioning of the Central Monitoring
Committee envisaged under the Act of 2013. In response, this court observed :
“[…] learned Additional Solicitor General should indicate a practical
method for the operationalization of the Central Monitoring Committee.
That Committee comprises of more than 20 members and has apparently not
met for the last three years. The record also discloses that in the last ten
years, the Committee has met seven times”.
9.The Amicus submitted that Article 15, 17, 23 and 24 of the Constitution
form an emancipatory Code. He submitted that the content of these fundamental
rights must per force include the right for the oppressed classes to break away
from oppressive structures and move to alternative sources of dignified
6
employment. In other words, the aforesaid Articles form a fundamental right to
emancipation from oppressive structures. He contended that the emancipatory
code is referrable to the preambular principle of fraternity and hence capable of
horizontal application of fundamental rights. The 2013 Act is in furtherance of
this emancipatory code, and thus attains constitutional status.
10.After going through the scheme of the 2013 Act, the Amicus Curiae
submitted that the 1993 Act as well as the 2013 Act were both made in
furtherance of the right to dignity of the individual. He made reference to the
emancipatory nature of the Act in its identification, prohibition, criminalization
of manual scavenging and the rehabilitation provisions for manual scavengers.
11.In so far as institutions created under the 1993 Act, 2013 Act and the
NCSK Act are concerned, he pointed to the factual position that the most of the
institutions are non/sub functional. These institutions, he submitted, are at the
National, State, District and Sub-district level.
12.The Amicus Curiae submitted that the survey envisioned under the 2013
Act is inextricable from the emancipatory nature of the Act, in that without a
survey there cannot be any identification and rehabilitation of manual
scavengers. He submitted, with reference to the judgments of the High Court of
Bombay in Vimla Govind Chorotiya and Others v. State of Maharashtra
3
and
High Court of Karnataka in All India Council of Trade Unions v. Union of
India
4
, that a survey must be conducted in accordance with the provisions of the
2013 Act and the Rules made thereunder.
13.The surveys conducted in 2013 and 2018, he contended, were not in
accordance with the 2013 Act and Rules and thus cannot be considered as
surveys. More specifically, he urged that the NCSK itself in its annual report has
stated that till date, no reliable figure is available with the Government about the
3 (2021 SCC OnLine Bom 3002)
4 (2020 SCC OnLine Kar 2420)
7
manual scavenging in the country and the figure is varying at various places. He
also linked the absence of institutions under the 2013 Act and Rules to the
inadequacies of the Survey process by contending that when the institutions for
a Survey have not been put in place, there is no question of a Survey being
conducted in terms of the Act and Rules. To this end, he also cited the judgment
of this Court in Safai Karamchari Andolan v. Union of India
5
where this court
held that the 2013 Survey was inadequate as it was confined only to 3546
statutory towns and did not extend to rural areas. This Court also held that the
States were able to identify only a miniscule proportion of the number of people
actually engaged in manual scavenging.
14.On the aspect of sewer deaths, he brought to the attention of this Court
the definitions of ‘hazardous cleaning’ under Section 2(d) of the 2013 Act as
well as the definitions of ‘sewer’ and ‘septic tank’ under Sections 2(p) and 2(q).
He stated that though the Act prohibits hazardous cleaning under Section 7 and
9, no specific bar is made to the manual cleaning of sewers and septic tanks as
long as protective gear is given. To this end, he referred to Rule 3(1) of the 2013
Rules and laid stress on the words “No person shall be allowed to clean a sewer
manually” to contend that the statutory scheme recognized that entry into a
sewer or a manhole can only be after the sewage is totally emptied by machines.
15.It was argued that there is a legislative vacuum in so far as rehabilitation
for hazardous workers is concerned. The sole rehabilitation, according to him, is
by virtue of the judgment of this Court in Safai Karamchari Andolan (supra)
where this Court granted compensation of Rs. 10 lakhs to the family of a person
who died in a sewer.
16.He argued that constitutionally speaking, hazardous cleaning amounts to
forced labour under Article 23 of the Constitution as explained by this Court in
5 2014 (4) SCR197
8
People’s Union for Democratic Rights v. Union of India
6
(para 13-14). It was
further highlighted that the Act of 2013 intends that no person should come in
direct contact with human excreta and hazardous cleaning whereby as person is
coerced to immerse himself in or be in contact with human excreta without
protective gear/safety precautions is nothing but forced labour prohibited under
Article 23. A narrow interpretation of “forced labour”, restricting it to only those
cases where there is lack of remuneration, is contrary the intention of Article 23.
This is because such a narrow interpretation would fail to address structural
discrimination and would also render the phrase “other similar forms of forced
labour” otiose. Additionally, it was further submitted that “consent” given by
the worker to perform hazardous cleaning would not mean that labour is not
forced. Reliance placed on People’s Union for Democratic Rights (supra)
followed in Sanjit Roy v. State of Rajasthan
7
.
17.Amicus further contended that like manual scavenging, hazardous
cleaning is also a practice borne out of ‘untouchability’ and must be prohibited
under Article 17 of the Constitution. He brought to the attention of the Court
Section 7A of the Civil Rights Act, 1955, which specifically bars any
scavenging or sweeping or any other job of a similar nature as being an
enforced disability arising out of ‘untouchability’. The Amicus Curiae argued
that if it is accepted by the Court that hazardous cleaning is violative of Article
23, then the question of persons engaged in sewage cleaning having practiced it
on their own volition does not arise.
18. The Amicus urged that is important to note that two statutory riders
empower the executive to statutorily carve out exceptions, even though they are
6 1983 (1) SCR 456
7 1983 (2) SCR 271
9
couched as explanations: first, the definition of “insanitary latrine” in Section
2(e) states that:
“a water flush latrine in a railway passenger coach, when cleaned by an
employee with the help of such devices and using such protective gear, as
the Central Government may notify in this behalf, shall not be deemed to be
an insanitary latrine.”
Second, the explanation to the definition of “manual scavenger” in
Section 2(1)(g) specifies that
“a person engaged or employed to clean excreta with the help of such
devices and using such protective gear, as the Central Government may
notify in this behalf, shall not be deemed to be a ‘manual scavenger’
.
19.It was submitted that these riders should be given the narrowest possible
interpretation, given that the statute punishes untouchability and inhuman
labour. It was further urged that the protective gear and devices referred to must
be of such nature that they achieve substantial or near total mechanization of the
process so that the dignity of the labourer is maintained and no structural
discrimination is perpetuated.
20.Regarding NCSK’s working, it was submitted that at present, it has only
Chairperson, Vice-chairperson and one additional member with four member
posts lying vacant. Furthermore, there was no commission in place during FY
2022-23. In terms of Section 32 of the 2013 Act, even state government are
expected to notify a state commission with the same powers as that of NCSK at
the state level. However, State commission for Safai Karamcharis exist in only
few states.
21.The learned Amicus also pointed out that Section 29(3) of the Act,
requires the Central Monitoring Committee
8
(hereafter “CMC”) to meet in every
8 According to Section 29, the Central Monitoring Committee (CMC), consisting of the Union Minister for
Social Justice and Empowerment, Chairperson of the NCSC, Minister of State in the Ministry of Social Justice
and Empowerment, Chairperson of NCSK, Secretaries of various Ministries, etc., shall be constituted. The
10
six months. However, between 2013 to 2022, it met only seven times. After a
gap of 3 years, CMC met for the eight time after the intervention of this court’s
order dated 02.05.2023. Similarly, the Amicus filed data regarding non
convening of State Monitoring Committee
9
(hereafter “SMC”) for some states
and non-constitution of District Vigilance Committee (hereafter “DVC”) in
some states as well and showed glaring inconsistencies in constitution of SMCs
from four different sources of data.
22.Further, as per Rules of 2013
10
with regard to creation of State Level
Survey Committee (hereafter “SLSC”) and District Level Committee (hereafter
“DLC”) responsible for overseeing the survey process till the “publication of
final consolidated list of the manual scavengers” in the respective district/state,
it was highlighted that only Chhattisgarh and Odisha have constituted SLCs,
with Odisha being the lone state to constitute a DLSC. However, the Union’s
affidavit dated 05.07.23, claims that Karnataka, Rajasthan, and West Bengal
have also constituted Survey Committees, but no information is provided
regarding Chhattisgarh and Odisha.
23.The Amicus summed up by suggesting that the court should direct
creation of a task force under the aegis of CMC and conduct a fresh survey by
relying on inadequate data under 2013 and 2018 Survey, NCSK’s Annual
reports filed for the year 2015-16, 2017-18, 2018-19, 2019-20, CMC’s meeting
held on 05.07.2023 and uncertainty regarding reliable data filed in Union’s
functions of CMC, as delineated under Section 30, are- monitoring and advising the Central Government and
State Government for effective implementation of the Act, coordinating the functions of all concerned agencies,
and looking into any other matter incidental to or connected with implementation of the Act.
9 Section 26 of the 2013 Act provides for the constitution of a State Monitoring Committee (SMC) in every
state consisting of the Chief Minister of State or a Minister nominated by him, the Minister-in-charge of the
Scheduled Castes Welfare, representatives of the National Commission for Scheduled Castes, and Safai
Karamcharis, not less than two members of the State Legislature belonging to the Scheduled Castes, etc. Its
functions, as under Section 27, are the same as those of the Central Monitoring Committee
10 Rule 11 read with Rule 2© and 2(j)
11
affidavit. Further to set up institutions under the Act of 2013 and Rules and take
measures to identify and compensate deceased persons due to sewer cleaning.
Submissions on behalf of intervenors
24. Ms Jayna Kothari learned senior counsel representing THAMATE,
Centre for rural empowerment, a registered society submitted that the court to
give purposive interpretation to explanation (b) of Section 2(1)(g) so as to give
wide interpretation to the definition of manual scavenger. This interpretation
would include anyone engaged in manual cleaning, whether in sewers or septic
tanks, regardless of whether they use equipment or protective gear since the
cleaning process is manual. This will ensure them being covered as manual
scavengers for rehabilitation and relief under Section 11-16 of the Act of 2013. It
was suggested that even providing some minor protective gear such as just the
gloves would exempt the coverage of that person from the definition of manual
scavenger in the existing section. To emphasize on giving the definition a
purposive interpretation, Ms. Kothari placed reliance on Bangalore water Supply
and Sewerage Board v A. Rajappa
11
, wherein the Supreme court expanded the
definition of industry and on X v. Principal Secretary, Heath and Family
Welfare, Govt. of NCT Delhi
12
, wherein this court interpretated the provisions of
Medical Termination of Pregnancy Amendment Act 2021 to include single and
unmarried women.
25.Learned counsel further emphasized on the need for mechanization and
graded implementation of inclusive definition of manual scavenger. Examples
like Bandicoot
13
, were provided to illustrate the potential for modern
technology. It was noted that many countries have replaced the term “manholes”
11 [1978] 3 SCR 207
12 2022 SCC OnLine SC 1321.
13 a robot developed in 2018
12
with “machine holes” emphasizing the significance of change in language. A
graded timeline was suggested to completely mechanize the process. Counsel
also submitted shortcomings in schemes like Swachh Bharat Mission and
NAMASTE as it is only limited to urban local bodies, second it remains silent
on mechanization technology deployed by the state authorities. Lastly, some
directions were also suggested such as reporting on the surveys for the
identification of manual scavengers being done in all districts, issuing
identification cards, compliance with rehabilitation requirements and holding
meetings of monitoring committees at the State, district and sub-district levels.
Additionally, it was proposed that data should be segregated to specify the
number of women engaged in manual scavenging.
26.The MAANGANGGO India International, NGO/Trust based in New
Delhi, impleaded as intervenor prayed for the issuance of a writ or appropriate
measure to direct the Vice Chairman of NITI Aayog (National Institution for
Transforming India) to formulate a sustainable and time-bound Comprehensive
Policy Action Plan which should include the mandatory adoption of modern
technology to fully mechanize sewerage cleaning, with the declaration of
manual scavenging in any form as a punishable offense. It should also address
the need for upgrading outdated and hazardous sanitation infrastructure,
promoting eco-friendly waste disposal methods, ensuring compulsory free
education for the children of manual scavengers, particularly girls, and
providing vocational training and financial incentives for the rehabilitation of
manual scavengers, with a special focus on women who constitute a significant
portion of those affected by this practice.
Submission on behalf of Respondents
13
27.This court by order dated May 2, 2023, requested the Additional Solicitor
General (ASG) to propose a practical method for operationalization of the
CMC. The ASG responded to that CMC did not convene for the past three years
that these committees were conducted annually and last being on January 8,
2020. However, subsequent meetings could not be held due to COVID
pandemic. Meanwhile, the tenure of the committee members, including those
representing civil societies, have expired during this period.
14
28.Regarding the survey, the ASG emphasized that the responsibility for
conducting the survey falls under the mandate of 2013 Act. According to the
provisions of this Act, the Chief Executive Officer of the municipality or gram
panchayat is responsible for overseeing the completion of the survey.
Furthermore, in accordance with the 2013 rules, a “District Level Survey
Committee” chaired by the District Magistrate is tasked with monitoring and
supervising the survey process at the district level. It was submitted that the
2013 Act itself does not envisage a nationwide survey of manual scavengers
conducted by the central government; instead, it mandates localized surveys to
be carried out by local bodies.
15
Anyhow, the Ministry of Social Justice and
Empowerment has introduced the “Swachhata Abhiyaan” mobile app to allow
the general public to report on insanitary latrines and any associated manual
scavengers and therefore, the survey of manual scavenging is ongoing through
the use of such mobile app. However, the ministry in its affidavit has stated that
the app has not received credible data and the same has to be verified by the
concerned administration.
29.It was further submitted that the government incurred an expenditure of
10.48 Crore for conducting the survey in 2013 followed by payment of
₹
14 (Union of India’s Note dt.12.05.2023 (Vol. 6)/ Union of India’s Note dt.26.07.2023 (Vol. 5)
15 Union of India’s Note dt.26.07.2023 (Vol. 5)
14
compensation to identified manual scavengers to tune of approximately 55.52
₹
Crores. Based on survey initiated in 2013, state wise details of about 13,881
manual scavengers were prepared.
16
In addition to this, a National Survey was
conducted between 2018 and 2020 in 194 districts, which resulted in
identification of 44,217 manual scavengers and compensation to the tune of
₹
176.87 Crore was provided to identified manual scavengers. The Union reported
that 663 individuals have lost their lives while cleaning sewers and septic tanks
after the year 2013. Out of these cases, compensation has been paid in 631
cases, and FIRs have been lodged in 648 cases.
30.The Union also highlighted that, in addition to providing One-Time Cash
Assistance, it had provided capital subsidies (up to 5 lakhs) along with
concessional loans to 2,313 manual scavengers or their dependents.
Furthermore, they have enrolled 22,294 willing and eligible manual
scavengers/dependents in various skill development training programs. Other
benefits provided by State/UTs were also listed.
17
31.Additionally, the Union submitted about its efforts in construction of
62.81 lakh sanitary toilets. Furthermore, it was submitted that out of 766
districts, 650 districts have reported themselves free of manual scavenging,
while reports from 116 districts regarding their status on this matter are still
pending.
18
32.With regard to discrepancy in data as pointed out by Amicus, it was
submitted that the National Safai Karamchari Finance and Development
Corporation (hereafter “NSKFDC”) was the Implementing Agency for the
National Level Survey constituted under the Aegis of NITI Aayog in
16 Also dealt in Union of India’s Note dt.26.07.2023 (Vol. 5)
17 Union of India’s Note dt.26.07.2023 (Vol. 5) / Union of India’s Note dt.05.07.2023 (Vol. 7)
18 Volume 10, pg. 29, dated 9. 8.23.
15
consultation with State Government, Central Ministries and Civil Society
Organisations. It was submitted that the data pertaining to manual scavengers,
as confirmed and verified by NSKFDC, is the only reliable data and should be
regarded as the authoritative. According to NSKFDC's data, a total of 58,098
manual scavengers have been identified in the country so far. The NCSK vide
reply dated 12.4.2023 stated that the figures of total number of manual
scavengers identified vide National Survey 2018 conducted by NSKFDC varies
with the progress of the survey mainly due to variations in the number of states
and districts surveyed. The apparent discrepancy in data for 24.07.2021 and
08.12.2021 is a result of ongoing identification and subsequent verification
processes.
19
33.Furthermore, there is no inconsistency in the information provided by the
Ministry of Social Justice and Empowerment to the Parliament. On December
1, 2021, in response to Unstarred Question No. 450 in the Rajya Sabha, it was
conveyed that a total of 58,098 manual scavengers were identified through
surveys conducted in accordance with the Act of 2013. Subsequently, in reply to
another Rajya Sabha Unstarred Question no. 1254 dated 8.12.2021; the
Government reiterated the same number of identified manual scavengers. The
Government informed Parliament that there were no reports of individuals
currently engaged in manual scavenging across the country and that there were
no reported deaths attributed to manual scavenging. However, it was clarified
that during the last five years, 321 individuals had lost their lives in accidents
while undertaking hazardous cleaning of sewers and septic tanks. In response to
Unstarred Question no. 3822 in the Lok Sabha dated 21.12.2021, the
Government once again stated that there were no reports of individuals
19 Union of India’s Note dt.26.07.2023 (Vol. 5)
16
currently engaged in manual scavenging in the country. The number of manual
scavengers identified at different times does not necessarily represent the
current number of individuals engaged in manual scavenging as many people
have left the work of manual scavenging due to various efforts of Govt. and
provisions of Act of 2013.
20
34.It was further argued that the identification of manual scavengers was
primarily for the purpose of extending rehabilitation benefits in accordance with
the scheme. It should not be misconstrued to mean that the increase in the
number of identified individuals indicates a rise in active manual scavenging
activities.
21
35.In response to the suggestions made by the Amicus, the Union argued
against the need to establish a Task Force under the CMC as the government
had formulated a Scheme of National Action for Mechanize Sanitation
Ecosystem (NAMASTE)
22
which proposes to create three tier working
committees (working committee, state monitoring committee and district/urban
local body-level committee). These committees will meet quarterly to oversee
the implementation of NAMASTE. Therefore, it was submitted that there is no
requirement for a separate Task Force.
23
36.Concerning the NCSK, the Union stated that the Chairman, Vice
Chairman, and one member have been appointed on 03.03.2023, for a term till
31.03.2025. Nominations are under consideration to fill the remaining four
vacant member positions.
24
37.In response to recommendation contained in the Annual Report of the
NCSK for the year 2019-20 regarding “A National level census of Manual
20 Union of India’s Note dt.26.07.2023 (Vol. 5)
21 Union of India’s Note dt.26.07.2023 (Vol. 5)
22 A joint initiative of Department of Social Justice & Empowerment and Ministry of Housing and Urban
Affairs in all 4800+ Urban Local Bodies of the country, during the next three years up to 2025-26
23 Union of India’s Note dt.26.07.2023 (Vol. 5)/ Union of India’s Note dt.05.07.2023 (Vol. 7)
24 Union of India’s Note dt.26.07.2023 (Vol. 5)/ Union of India’s Note dt.05.07.2023 (Vol. 7)
17
Scavengers at one platform in the Country at all administrative levels such as
Country, State, District, Urban/Rural, Male/Female etc.” as referred by Amicus
curiae, the observation made by NCSK in its annual report have been clarified
by the Government of India, in its Action Taken Report, wherein it has been
submitted that this “does not seem to be feasible, as the basis of identification of
the manual scavengers should be verification with reference to their
workplace/employer and not merely self-declaration alone. In Census
operations, such verifications are generally not done”.
25
38.The Union informed that as on date, it received information from 34
States/Union Territories regarding the establishment of various committees
mandated by the 2013 Act and Rules except the remaining 2 States (Andhra
Pradesh and Telangana). In 23 states, a State Commission for Safai Karamcharis
has been established or an agency has been designated. Additionally, 26
States/Union Territories have formed State Monitoring Committees, 27
States/Union Territories have set up District Vigilance Committees, and 23
States/Union Territories have constituted Sub-division level Vigilance
Committees.
26
It was further submitted that except for Karnataka and Delhi, no
other State or Union Territory has reported about prosecutions under the 2013
Act.
27
39.In its affidavit dated 02.05.2023, Railways has outlined measures taken to
eliminate manual scavenging. It was submitted that they have collaborated with
the Defence Research and Development Organization (DRDO) to develop eco-
friendly bio-toilets
28
for passenger coaches. As of March 31, 2023, a total of
25 Union of India’s Note dt.26.07.2023 (Vol. 5)
26 Union of India’s Note dt.26.07.2023 (Vol. 5)
27 Union of India’s Note dt.26.07.2023 (Vol. 5)
28 In these bio-toilets, the waste retention tanks are fitted below the coach floor underneath the lavatories and
the human waste, discharged/collected into them, is acted upon by a colony of anaerobic bacteria that convert
human waste mainly into water and bio-gases (mainly Methane CH4 & Carbon Dioxide CO2). The gases escape
18
2,99,880 bio-toilets have been installed in 84,402 coaches. Cleaning of train
toilets is carried out using high-pressure jets and specific chemicals at
designated Clean Train Stations (CTS).
29
40.Additionally, in response to concerns raised by the Amicus before this
Court, the Ministry of Railways has withdrawn notifications issued dated
04.06.2014
30
and dated 13.10.2014
31
by order dated 26.04.2023. The Railways
has also released a model contract for outsourcing cleaning services, which
mandates the use of mechanized processes and safety equipment for workers.
32
41.It was submitted on behalf of NCSK that it has a limited role, primarily
focused on recommending measures in respect of Safai Karamcharis and
pursuing State Governments and Local Bodies to implement these measures as
outlined in the 2013 Act. Unlike other Commissions, NSCK is neither a
constitutional nor a statutory body. It does not have the powers to summon
officers of the establishments concerned or have their oral evidence.
Consequently, the commission is unable to assert itself effectively in providing
relief to aggrieved Safai Karamcharis. Additionally, the commission faces
challenges due to shortage of staff, with only 16 personnel responsible for all of
its functions, including internal administration.
42.Since the lapsing of the NCSK Act, 1993 on 29.2.2004, the commission
is functioning as a non-statutory temporary body under the Ministry of Social
Justice and Empowerment. Its tenure is periodically extended through
notification, with the last extension being granted from 1.4.2022 to 31.3.2025
33
.
43.Pursuant to this court’s order and provisions of 2013 Act, the NCSK has
taken certain steps such as circulating 20 points check list, advising states to
into the atmosphere and waste water is discharged after disinfection onto the track.
29 Union of India’s Note dt.09.08.2023 (Vol. 10)
30 Vide GSR 376(E)
31 Vide GSR 726(E)
32 Union of India’s Note dt.09.08.2023 (Vol. 10)
33 Effected through Notification No. N-16/5/2021-PLAN dated 3.2.2022.
19
open appropriate budget heads and allocate funds, etc. It was further submitted
that due to continuous monitoring, in 167 cases of sewer deaths during FY
2022-23 till 31.03.2023, compensation of 10 lakhs has been paid.
₹
Commission also took Suo motu enquires, for instance, out of 19 cases of sewer
deaths in FY 2022-23, cognizance was taken based on newspaper reports and
paid compensation to legal heirs in 15 cases.
44.Regarding the information sought from respondents about the abolition of
dry latrines, it was submitted that states are better equipped to provide details
about the steps taken and achievements made in this regard. Additionally, the
Ministry of Social Justice and Empowerment also submitted that since 1993,
1,035 individuals lost their lives due to accidents while doing hazardous
cleaning of sewers and septic tanks. In compliance with a Supreme Court order
dated 27
th
March 2014, compensation has been provided to 948 families of
those who died while cleaning sewers/septic tanks. However, there have been
no reported deaths resulting from manual scavenging.
45.The Union’s affidavit dated 18.04.2023, disclosed that there are 4478
permanent and 9897 outsourced Safai Karamcharis engaged by Cantonment
Boards to upkeep general sanitation
34
. It was further submitted that any dry
latrines that existed before the implementation of the 2013 Act were dismantled
and converted into sanitary latrines. Furthermore, it was highlighted that there
have been no reported incidents of sewerage-related deaths in areas managed by
Cantonment Boards since the year 2013.
46. Lastly, it was proposed that this court may consider issuing some
directions to all States and Union Territories to ensure that measures
(establishment of an Emergency Response Sanitation Unit (ERSU), designation
of a Responsible Sanitation Authority, establishment of a Helpline Number
35
,
34 (pg. 52, Vol.3).
35 preferably 14420
20
assurance of mechanized cleaning methods and the availability of essential
safety equipment and machines at the ERSU) are in place in each district within
six months from the promulgation of the Court Order.
36
Further, to issue
appropriate directions to the States/Union Territories to fully implement the Act,
including constitution of various committees under the Act and the
implementation of the NAMASTE scheme, in order to prevent deaths resulting
from hazardous cleaning.
37
Analysis and reasoning
47.The 2013 Act not only criminalizes manual scavenging but also provides
for rehabilitation mechanisms to ensure that manual scavengers are
emancipated. Chapter IV of the Act, titled ‘Identification of Manual Scavengers
in Urban and Rural Areas and their Rehabilitation’ spans from Section 11 to 16
and is an entire code in so far as rehabilitation is concerned. The first step
towards rehabilitation that the 2013 Act makes, is the identification of manual
scavengers through a survey. This survey is under Section 11 for municipalities
and Section 14 for panchayats.
48.The methodology [and the institutions created] to conduct the survey are
provided under the 2013 Rules. The Rules provide for specific authorities, i.e.,
the SLSC and DLSCs under Rule 11, to perform detailed roles. Under Rule
11(2), the SLSCs and DLSCs must carry out campaigns at various levels in all
areas where insanitary latrines have been found. The local authority is mandate
to join hands with community leaders and NGOs working for safai karamcharis
for their identification as per Rule 11(3). Rule 11(4) provides for self-
36 Union of India’s Note dt.09.08.2023 (Vol. 10)
37 Union of India’s Note dt.26.07.2023 (Vol. 5)
21
declaration by manual scavengers whereas Rule 11(5) allows NGOs to submit
lists of manual scavengers which may be verified to identify them. A house-to-
house survey is mandated under Rule 11(6) to identify manual scavengers who
service the insanitary latrines in any area. Overseers are appointed under Rule
11(8) to ensure that the data collected in the survey is correct. Subsequently, a
list is made of the manual scavengers after inviting objections and hearings.
Ultimately, the list is compiled by the DLSC. After their identification by a
survey, a final publication of the manual scavengers is to be published under
Section 11(6). Notably, under Section 12, a person can apply to be added to the
published list under Section 11.
49.On publication of the list, the emancipatory provision under Section 11(7)
read with Section 6(2) takes effect. It declares that the manual scavengers stand
discharged from any obligation to work as manual scavengers. This provision is
the heart of the law – the declaration frees manual scavengers from the clutches
of their historically oppressive professions. The law consequently empowers
them through the process of rehabilitation. The 2013 Act, including the
aforementioned provisions, therefore, must be interpreted as being in
furtherance of fraternity, assuring the dignity of the individual.
50.The entitlements for rehabilitation are provided under Section 13. It
envisages that a manual scavengers must be provided, within one month, a
photo identity card containing the details of dependent family members and an
initial, one-time cash assistance as may be prescribed. The Act also envisages a
scholarship for the children of a manual scavenger, allotment of a residential
plot, financial assistance for house construction, training of the manual
scavenger himself or at least one adult member of his family, in a livelihood
22
skill with a stipend of not less than 3,000 during the period of the training, a
₹
concessional loan for taking up alternative occupation, etc.
51.These rehabilitation entitlements are available only to those included in
the final list of manual scavengers published pursuant to a survey under Section
11(6) or added to the list under Section 12(3) of the Act. It must thus be
emphasized that without a survey in accordance with the Act and Rules, there
cannot be any further steps of rehabilitation.
52.That rehabilitation can occur only on identification has not been seriously
disputed by the Union. The Union however contends that (i) the 2013 Act does
not contemplate a national survey but mandates a localized survey at the level
of local bodies and (ii) two national surveys have already been conducted in
2013 and 2018.
Interpretation of Section 11
53.The Union’s contention that Section 11 requires localized surveys by
local bodies and not a national survey is, facially, attractive. However, the 2013
Act is not a regular statute: it is emancipatory in character and is a manifestation
of the constitutional code of upliftment. The groundbreaking purpose of the
2013 Act, as is evident from its title
38
is to ensure that manual scavengers are
rehabilitated. Rehabilitation, as found above, is a step after identification.
Without a survey, rehabilitation is not workable. The statutory scheme cannot be
undermined through an interpretation that would leave the implementation of
the 2013 Act solely with the local bodies, without any guidance from the
Governments – State and Central. In other words, the salutary commitment
38 The statute is titled “the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act,
2013”.
23
made by the 2013 Act must be fulfilled by the local bodies in accordance with a
policy-framework laid down by the Central or State Government.
54.The Central and State Governments were and are, duty-bound to lay
down the parameters under which a local body was mandated to conduct a
survey. While the methodology of the Survey is provided under the 2013 Rules,
the trigger for conducting the Survey is conspicuously absent from both the
2013 Rules as well as the 2013 Act. The absence of a trigger cannot render the
2013 Act and its constitutional commitments otiose by non-implementation.
That is to say, the implementation of the Act cannot be left to the whims and
fancies of local bodies. Local bodies must be guided by the central and state
governments by laying down guidelines on when a survey must be conducted,
and which local bodies must conduct a survey. Without a policy of this nature, a
local body cannot be expected to implement the 2013 Act in a proper manner.
55.In a similar vein, this Court in Swaraj Abhiyan v. Union of India
39
, while
monitoring the implementation of the National Food Security Act, 2013, noticed
that some states were not implementing the statute. This Court noted:
“109. It is surprising that the implementation of a law enacted by
Parliament such as the NFS Act is left to the whims and fancies of the State
Governments, and it has taken more than two years after the NFS Act came
into force for Gujarat to implement it and Uttar Pradesh has only
implemented it partially. This is rather strange. A State Government, by
delaying implementation of a law passed by Parliament and assented to by
the President of India, is effectively refusing to implement it and
Parliament is left a mute spectator. Does our Constitution countenance
such a situation? Is this what “federalism” is all about? Deliberate
inaction in the implementation of a parliamentary statute by a State
Government can only lead to utter chaos or worse. One can hardly
imagine what the consequence would be if a State Government, on a
similar logic, decides that it will not implement other parliamentary
statutes meant for the benefit of vulnerable sections of society. Hopefully,
39 (2016) 7 SCC 498
24
someone, somewhere, sometime will realise the possible alarming
consequences.”
56.The disquieting consequences referred to in the National Food Security
Act case (supra) have also manifested in the case of manual scavengers – the
entire statutory scheme of the 2013 Act has been challenged as the first step
towards rehabilitation has not been taken. Our constitutional scheme does not
approve of a situation where parliamentary enactments are rendered dead-letter
by executive inaction. This argument of the Union must therefore be rejected to
the extent that while local governments must conduct surveys, it was for the
appropriate authorities, at both the central and state levels, to lay down
parameters for the surveys to be conducted. It was also incumbent on these
authorities to ensure that proper implementation of the 2013 Act had taken
place. On both counts, the Central and State Governments do not appear to have
taken any steps.
Insufficiency of the previous (2013 and 2018) Surveys
57.The second submission of the Union is that two surveys were in fact
conducted in 2013 and 2018 and a continuous self-declaring survey is taking
place on a mobile application. These submissions, too, are misplaced. It may be
noticed that neither the 2013 nor the 2018 surveys could have been conducted
as prescribed under the scheme of the 2013 Rules and the 2013 Act for the
reason that the institutions entrusted with duties to conduct the Surveys were
either not constituted or were not functioning. That is to say, where the Act and
Rules prescribe a particular method and manner of survey, that method and
manner only ought to have been followed and no other method or manner could
have been followed.
58.The principle of law that “where a power is given to do a certain thing in
a certain way, the thing must be done in that way or not at all and that other
25
methods of performance are necessarily forbidden”
40
would thus apply making
the 2013 and 2018 surveys inapplicable to the processes under the 2013 Act. In
fact, this very finding was arrived at by the High Court of Karnataka in All
India Council of Trade Unions v. Union of India
41
where the High Court held
that if a survey had been conducted without following the rigors of the 2013 Act
and Rules, it would not be a valid survey in so far as the Act and Rules are
concerned. It was observed:
“30. Now, we firstly come to the survey and identification of manual
scavengers in urban areas. The Manual Scavengers Act which is brought
into the force in the year 2013 virtually accepts that even in 21st century,
manual scavenging exists and that also in urban areas. Even assuming
that the Local Authorities have carried out survey in terms of Section 11,
it cannot be a lawful survey unless the Local Authorities have followed
the procedure under Sub-Rules (10) to (12) of Rule 11 of the Manual
Scavengers Rules by publishing a final list. …
33. … The State Government will have to also inform the Court whether
District wise lists are made and whether consolidated State list has been
prepared. Moreover, the State will have to place on record whether the
District Level Survey Committees have been formed in all the Districts
and the State Level Survey Committee has been constituted. The State
Government will have to point out the details of the number of meetings
held of both the Committees.”
59.A similar direction had been passed by the High Court of Bombay in
Vimla Govind Chorotiya and Others v. State of Maharashtra
42
where it was
held:
“31. … (iv) Respondent No.1 i.e. State of Maharashtra in the Social
Justice and Special Assistance Department shall inform the Court on the
next date whether survey of manual scavenging in urban areas in terms of
sections 11 and 12 of the 2013 Act and similar exercise by Panchayats in
rural areas under sections 14 and 15 of the said 2013 Act have been
carried out or not.”
40 State of U.P. v. Singhara Singh, 1963 SCC OnLine SC 23: (1964) 4 SCR 485 at para 7.
41 (2020 SCC OnLine Kar 2420)
42 (2021 SCC OnLine Bom 3002)
26
60.This court notices that no provisional list under Section 11(4) was
prepared; no objections were called for and decided under Section 11(5) and no
final list was published under Section 11(6). In the absence of following, the
contention that there was a valid survey conducted cannot be accepted. Yet
another reason for this conclusion is that the institutions required to conduct the
survey under Rule 11 were not in place and were not functioning at the relevant
time in 2013 and 2018.
61.The Amicus Curiae had pointedly brought out the nature of data collected
by the 2013 and 2018 surveys, which appear to be inconsistent and
contradictory on the face of it. To this end, the table submitted by the Amicus
Curiae during arguments would itself demonstrate that the data collected in
2013 and 2018 were not consistent:
State As per
2013
Survey
As per
2018
Survey
As per
reply dt.
08.12.2021
to Rajya
Sabha
Unstarred
Question
As per reply
dt.24.07.201
9 to Rajya
Sabha
Unstarred
Question
Union of
India’s
affidavit dt.
18.04.2023
NCSK’s
affidavit dt.
01.05.2023
Uttar
Pradesh
12095 17828 32473 30375 32473 19712
Maharashtr
a
0 7298 6325 7378
(identified
none in the
2013
survey)
0 7378
Uttarakhan
d
137 4787 4988 4924 0 in urban
areas
6033
Rajasthan 338 2590 2673 2928 No clear
response
2590
Karnataka 732 1754 2927 2486 7493
identified
from 2013
to 2020
1754
27
Andhra
Pradesh
78 1982 1793 2060 1984 (no
mention of
any survey
year)
1982
Bihar 137 0 131 137 No manual
scavengers
found in
2018, even
though 2797
sanitary
latrines
found
0
62.A few comments on the data are required here. A partial survey seems to
have been conducted in Karnataka in 2020 which revealed the presence of 7493
manual scavengers. However, the 2013 survey stated that there were only 732
manual scavengers and the 2018 survey stated that there were 1754 manual
scavengers. The exponential increase of the number of manual scavengers from
2013 to 2018 and then in 2020, considerably reduces the credibility of both the
2013 and 2018 surveys.
63.Another reason for this court’s skepticism about the survey is the
comparison of the survey of manual scavengers with the survey on insanitary
latrines. This data was provided by the cantonment boards in pursuance of the
orders of this court. The Cantonment Boards stated that they have demolished
574 insanitary latrines in Agra, 153 in Jabalpur and 12 in Jammu. However, they
stated that there were no manual scavengers in their jurisdiction. By their very
nature, insanitary latrines are serviced by manual scavengers. The manual
scavengers which were servicing these insanitary latrines were clearly missed
by the 2013 and 2018 surveys. As stated above, the survey under Section 11
read with Rule 11(2), provides that the SLSC and the DLSCs shall carry out
adequate campaigns in all areas especially in all such areas where insanitary
latrines are found.
28
64.The above statistics demonstrate that the number of manual scavengers
identified in the 2013 Survey were substantially lower than the number of
manual scavengers identified in the 2018 Survey. Different numbers have also
been stated by the Government in the Rajya Sabha on different dates and the
Union’s Affidavit before this Court. It is also unclear and inconsistent on the
number of manual scavengers identified. It is in this context that the anguish
expressed by the NCSK in its annual reports for nearly every year since 2015-
16 must be seen. In 2015-16, the stance of the NCSK was:
“Identification of the Manual Scavengers and their subsequent
rehabilitation is the soul of the Act. However, despite repeated efforts by the
Government of India, the figures with regard to the Manual Scavengers are
not forthcoming correctly. It is observed that different figures are being
quoted by different Government and Non-Governmental agencies. … the
Commission recommends that there is a need to have correct and authentic
figures about the manual scavengers in the country.”
In 2017-18, similarly:
“Identification of the Manual Scavengers and their subsequent
rehabilitation is the soul of the Act. However, despite repeated efforts by
the Government of India, the figures with regard to the Manual Scavengers
are not forthcoming correctly. It is observed that different figures are being
quoted by different Government and Non-Governmental agencies. … the
Commission recommends that there is a need to have correct and authentic
figures about the manual scavengers in the country””
The NCSK stated in 2018-19:
“Till date, no reliable figure is available with the Government about the
manual scavenging in the country and the figure is varying at various
places.”
43
Similarly, in its annual report for 2019-20, the NCSK stated:
“The data in respect of the number of Manual Scavengers is the first
requisite for abolishing the practice of manual scavenging and improving
their quality of life. The survey at National or in all State/UT has not
been carried out for the identification of manual scavengers. The
43 Annual Report of the National Commission for Safai Karamcharis for the year 2018-19.
29
Government is still not sure about the number of Male and Female
Manual Scavengers as on date in the country.”
65.In fact, on 05.07.2023, the CMC met after directions given by this Court.
In the CMC, the Deputy Advisor to the NITI Aayog yet again stated the need for
a survey as, according to him, many manual scavengers were left out of the
survey. At this stage, it may be noticed that this Court in Safai Karamchari
Andolan (supra) had noticed the short-comings of the survey of 2013 and had
observed as follows:
“the Central Government announced a 'Survey of Manual Scavengers'.
The survey, however, was confined only to 3546 statutory towns and did
not extend to rural areas. Even with this limited mandate, as per the
information with Petitioner No. 1, the survey has shown remarkably little
progress. State records in the "Progress Report of Survey of Manual
Scavengers and their Dependents" dated 27.02.2014 show that they have
only been able to identify a miniscule proportion of the number of people
actually engaged in manual scavenging. For instance, the Petitioners,
with their limited resources, have managed to identify 1098 persons in
manual scavenging in the State of Bihar. The Progress Report dated
27.02.2014 claims to have identified only 136. In the State of Rajasthan,
the Petitioners have identified 816 manual scavengers whereas the
Progress Report of the State dated 27.02.2014 has identified only 46.
11. The aforesaid data collected by the Petitioners makes it abundantly
clear that the practice of manual scavenging continues unabated. Dry
latrines continue to exist notwithstanding the fact that the 1993 Act was in
force for nearly two decades. States have acted in denial of the 1993 Act
and the constitutional mandate to abolish untouchability.
12. For over a decade, this Court issued various directions and sought for
compliance from all the States and Union Territories. Due to effective
intervention and directions of this Court, the Government of India brought
an Act called "The Prohibition of Employment as Manual Scavengers and
their Rehabilitation Act, 2013" for abolition of this evil and for the welfare
of manual scavengers. The Act got the assent of the President on
18.09.2013. The enactment of the aforesaid Act, in no way, neither dilutes
the constitutional mandate of Article 17 nor does it condone the inaction
on the part of Union and State Governments under the 1993 Act. What the
2013 Act does in addition is to expressly acknowledge Article 17 and
Article 21 rights of the persons engaged in sewage cleaning and cleaning
tanks as well persons cleaning human excreta on railway tracks.”
30
66. Hence, when this Court had already found that the survey was
insufficient, the Union cannot possibly rely on the same survey once again.
III: Institutions
67.A major short-coming in the implementation of the 2013 Act is the fact
that the State and the Central Governments have not even constituted the
institutions that are required to implement the Act. A list of institutions required
to be constituted under the Act are under:
S.
No.
Institution Section/Rule
1. National Commission for Safai
Karamcharis
Section 3, National Commission
for Safai Karamcharis Act, 1993;
Given statutory functions under
Section 31, 2013 Act.
2. State Commission for Safai
Karamcharis
Section 32, 2013 Act
3. Central Monitoring CommitteeSection 29, Prohibition Act, 2013
4. State Monitoring CommitteeSection 26, Prohibition Act, 2013
5. Vigilance Committees Section 24, Prohibition Act, 2013
6. State Level Survey CommitteeRule 11, Prohibition Rules, 2013
7.District Level Survey CommitteeRule 11, Prohibition Rules, 2013
68.The implementation of the statute depends on the effective functioning of
the aforementioned institutions. Unfortunately, it has been seen that these
institutions have not been constituted by the States and the Union and where
they have been constituted, the institutions are not functioning at all. The Act
has created the institutions to ensure a check and balance on the implementation
of the statute. However, instead of being a check on the implementation, the
31
lack of institutions has effectively brought the implementation of the Act to a
total stand-still. This systematic neglect of the statute and inaction by the
executive would reduce it to a dead letter. Each of the institutions is dealt with
more specifically below-
National Commission for Safai Karamcharis
69.The NCSK is a statutory commission which was created under the
National Commission for Safai Karamcharis Act, 1993. Under this Act, the
Commission was to function only till 1997. However, on amendments and
executive instructions, the Commission remained functional till 2013. Section
31 of the 2013 Act, thereafter, bestowed certain powers and functions on the
NCSK which are to be fulfilled by it. Therefore, though the NCSK Act, 1993
does not envisage a longer term for the NCSK, by virtue of the 2013 Act, the
NCSK must remain functional. The NCSK discharges vital functions: it is to
monitor the implementation of the 2013 Act; to enquire into complaints
regarding the contravention of the Act; to advise the Central and State
Governments for effective implementation of the Act; and to take suo motu
notice of matter relating to non-implementation of the Act. The non-functioning
of the NCSK would therefore paralyze the implementation of the Act.
70.It is in this light that the position of the NCSK must be seen. The NCSK
is manned only by a Chairperson and Vice-Chairperson and one member. It is
further a matter of fact that the Commission was not even functioning in the
year 2022-23. Needless to state, the Commission is short-staffed by executive
inaction in appointing members to the Commission.
State Commissions for Safai Karamcharis
32
71.In terms of the 2013 Act, at state level (by Section 31), all states are under
a mandate to constitute State Commissions for Safai Karamcharis. The
functions of the State Commission are identical to functions of the NCSK. The
State Commissions, therefore, play an equally important role in the
implementation of the Act at the State level. Repeatedly, the NCSK had noted
that State Commissions were not constituted. In its Annual Report for the year
2019-20, the National Commission report that persons are approaching the
NCSK because of the lack of State Commissions. It stated:
“The Commission understands that separate State Commissions for Safai
Karamcharis exist in very few States. In the absence of State level
Commissions in other States, the petitioners from far off corners of the
country are forced to take up their grievances with the National
Commission for Safai Karamcharis. This, besides being inconvenient for the
petitioners, also overburdens the National Commission. If there is State
level Safai Karamchari Commission in every State, then the petitioners of
that State can approach these State level Commissions for redressal of their
grievances and the State level Commission, in turn, can take up the matter
with the local authorities concerned in a more effective manner.”
72.The court was appraised that during the pendency of this case, the NCSK
and the Union of India submitted affidavits regarding the position of
constitution of State Commissions. The Amicus Curiae points out that the
affidavits reveal glaring inconsistencies in the data for constitution of the State
Commissions. The lack of precise data due to the inconsistencies means that
there is no clarity regarding the constitution of these Commissions. Nonetheless,
from the tables supplied to this Court by the Union and the Amicus Curiae, it is
clear that very few States have dedicated Commissions for Safai Karamcharis.
In fact, the data submitted by the Union of India also shows that the
Commissions which have been constituted are neither functioning nor even
meeting regularly. The implementation of the 2013 Act is wanting for the lack
of institutional support from the State Commissions as well.
33
Central Monitoring Committee
73.A vital institution for the implementation of the Act is the CMC
constituted under Section 29 of the 2013 Act, under the chairmanship of the
Union Minister for Social Justice and Empowerment. The Committee is to have
various ex officio members including Minister of State in the Ministry of Social
Justice and Empowerment, Chairperson National Commission for Scheduled
Castes, Chairperson, NCSK, Member of Planning Commission dealing with
development of Scheduled Castes, 3 MPs from SC communities, Secretaries of
7 ministries etc. The functions of this Committee, mandated under Section 30,
are equally important. It is to monitor and advise the Central and State
Government regarding the implementation of the 2013 Act and to coordinate
the functions of all concerned agencies. The 2013 Act also empowers the
Committee to look into any other matter incidental to or connected with the
implementation of the Act. The broad and sweeping powers of the Committee
demonstrate its importance.
74.Regrettably, though the Committee is statutorily mandated to meet once
in six months under Section 29(3), it is seen that the Committee met after a gap
of three years on 05.07.2023 after a direction from this Court on 02.05.2023.
The Order passed by this Court is reproduced for clarity:
“We have heard learned counsel for the parties and are of the opinion that
the learned A.S.G. should indicate a practical method for the
operationalization of the Central Monitoring Committee. That Committee
comprises of more than 20 members and has apparently not met for the last
three years. The record also discloses that in the last ten years, the
Committee has met seven times. …
This Court is of the opinion that the A.S.G. should, therefore, obtain
instructions with regard to the practical method to be undertaken by State
Committees and other agencies, created by the Act, for survey,
identification and complete operationalization of the Act. The A.S.G. may
indicate also the time lines for this purpose.”
34
The CMC being a central governmental authority which coordinates and
monitors the implementation of the 2013 Act, must be proactive. The
implementation of the 2013 Act enacted duly and empowering a
downtrodden section of the society cannot be left unrealised, and
especially not due to executive inaction.
State Monitoring Committees
75.The State Monitoring Committees, like the CMCs, have a number of ex
officio members such as the Chief Minister or a Minister nominated by him, the
Minister-in-charge of the Scheduled Castes Welfare, representatives of the
National Commission for Scheduled Castes and Safai Karamcharis, etc. as
mandated by Section 26 of the 2013 Act. Similarly, the functions of the State
Monitoring Committee are also broad under Section 27. However, it has been
brought to the notice of this Court that the State Monitoring Committees are
inactive which is in direct contravention of the statutory mandate under Section
26 of the 2013 Act.
44
76.The data compiled by the Union and presented by the Amicus Curiae in
tabular form evidences that the Committees either do not exist or have not met
in the recent past. There is no material on record to show that steps have been
taken at any stage to constitute the Committees and ensure that they are
working.
State NCSK
Report 2019-
20 (p. 90,
Vol. 2)
Union’s
affidavit
dt.18.04.2023
(Vol. 3)
NCSK’s
affidavit (p. 44
Vol. 4)
Union of
India’s
affidavit
dt.05.07.20
23 (Vol. 7)
Assam No
information
about
constitution
Constituted
(p.180 of Vol.3)
No
information
about
constitution
DC:
08.08.2018
LDM:
18.07.2019
44 See the extracted table for easy reference
35
of SMC of SMC (p.18 of
Vol.7)
Manipur No
information
about
constitution
of SMC
State may
decide (p. 499
of Vol.3)
No
information
about
constitution
of SMC
-
Meghalaya No
information
about
constitution
of SMC
Constituted (p.
503
of Vol. 3)
No
information
about
constitution
of SMC
-
Nagaland No
information
about
constitution
of SMC
Under process
(p. 522 of Vol.
3)
Constituted -
ChandigarhConstituted Only states
that this
relates to the
Social Welfare
Department
(p. 846
of Vol. 3)
Constituted Under
action for
constitution
(p.28 of
Vol.7)
Daman &
Diu
No
information
about
constitution
of SMC
Constitutedon
24.11.2022
Constituted DC:
24.11.2022
LDM: Not
given
(p.31 of
Vol.7)
Delhi Constituted No response Constituted -
Ladakh Constituted
vide
G.O.dated
03.02.2022 (p.
899
of Vol. 3)
No
information
provided
-
Lakshawad
eep
Constituted Not required
(p. 920
of Vol.3)
Constituted -
36
PuducherryNo
information
about
constitution
of SMC
No response No
information
about
constitution
of SMC
DC:
16.06.2013
LDM: Not
given
(p.92 of
Vol.7)
Vigilance Committees
77.Vigilance Committees are of two types: district and sub-divisional. DVCs
are mandated under Section 24(2) of the 2013 Act and consist of the District
Magistrate, MLAs of Scheduled Castes from the district, Superintendent of
Police, etc. Similarly, the Sub-divisional Vigilance Committees are constituted
under Section 24(3) and comprise of the Sub-Divisional Magistrate, CEOs of
Panchayats, Sub-Divisional level Officer in charge of Scheduled Castes Welfare
etc. The Committees are mandated to meet once in three months under Section
24(4). These committees’ functions under Section 25 are to oversee economic
and social rehabilitation, coordinate the functions of all agencies to channelize
adequate credit for the rehabilitation of manual scavengers and to monitor the
registration of offences and their investigation and prosecution under the 2013
Act.
78.Even though these grass-roots institutions were empowered under the Act
with specific functions, many of the States have not even constituted the
Committees and where the Committees have been constituted, they are not
functional. The Amicus Curiae submitted a table to this Court presenting the
state of affairs for Vigilance Committees. This table clearly shows that the
Vigilance Committees are not functional. No further data is forthcoming from
the Union to contravene this position.
State Date of Constitution and
Last
State Date of Constitution
and
37
Date of Meeting Last Date of Meeting
Andaman
and
Nicobar
DC: 04.01.2019
LDM: Not given
Puducherry DC: 16.06.2023
LDM: Not given
Assam DC: 08.05.2014
LDM: Not given
Punjab DC: Different
dates for different
district between
2014 and 2019.
LDM: Different
dates for different
district between
2018 and 2023.
Chandigar
h
Under action for
constitution
Rajasthan DC: 13.05.2016
LDM: No specific
date
Dadra &
Nagar
Haveli and
Daman &
Diu
DC: 20.09.2022
LDM: Not given
Sikkim DC: 27.11.2014
LDM: Different
dates for different
districts in 2023.
Goa DC: Not
given
LDM:
06.12.201
8
Tripura DC: 01.03.2019
LDM: Not given as
state is free of
MS
Karnataka DC: Different dates for
different district
between 2014 and
2018.
West Bengal DC: 26.02.2014
LDM:
27.02.2023
LDM: Different dates for
different district
between 2021 and
2023.
Survey Committees
79.Survey Committees under Rule 11 are to be created at the State and
District level. The function of the Committees is to oversee the survey process
from its initiation to the publication of the list in the respective district/state. As
per the data supplied to this Court, the State Level Survey Committee has been
constituted only in Rajasthan, Karnataka and West Bengal as per the Union of
38
India
45
. Further, District Level Survey Committee has been constituted only by
Odisha. Obviously, a survey under the Act cannot take place without these
Committees being constituted.
IV Hazardous Cleaning
80. Manual scavenging and hazardous cleaning are separately treated under
the 2013 Act. A ‘Manual scavenger’ is defined under Section 2(g) as a:
“(g) a person engaged or employed, … by an individual or a local authority
or an agency or a contractor, for manual cleaning, carrying, disposing of,
or otherwise handling in any manner, human excreta in an insanitary latrine
or in an open drain or pit into which the human excreta from the insanitary
latrines is disposed of, or on a railway track or in such other spaces or
premises as the Central Government or State Government may notify, before
the excreta fully decomposes in such manner as may be prescribed…”
81.A manual scavenger under the 2013 Act, therefore, is employed with
respect to cleaning human excreta from an insanitary latrine or a similar place.
On the other hand, ‘Hazardous cleaning’ is defined under Section 2(d) as:
“(d) “hazardous cleaning” by an employee, in relation to a sewer or septic
tank, means its manual cleaning by such employee without the employer
fulfilling his obligations to provide protective gear and other cleaning
devices and ensuring observance of safety precautions, as may be
prescribed or provided in any other law, for the time being in force or rules
made thereunder;”
‘Septic tank’ and ‘Sewer’ are in turn defined under Section 2(p) and 2(q)
respectively:
“(p) “septic tank” means a water-tight settling tank or chamber, normally
located underground, which is used to receive and hold human excreta,
allowing it to decompose through bacterial activity;”
“(q) “sewer” means an underground conduit or pipe for carrying off
human excreta, besides other waste matter and drainage wastes;”
82.A perusal of the definition would reveal that a person employed for
hazardous cleaning has nexus to a sewer or septic tank. The definition of sewer
and septic tank would reveal that they are concerned with human excreta and
45 Union of India’s affidavit dated 5.7.2023.
39
other wastes. It must also be noticed that hazardous cleaning is permitted if
protective gear and cleaning devices are provided. These are prescribed under
the 2013 Rules. Even though both a hazardous cleaner and a manual scavenger
deal with human excreta, the statute only penalizes hazardous cleaning and does
not provide for subsequent steps for rehabilitation of hazardous cleaners. Ms.
Jayna Kothari, Senior Advocate, urged that the difference in the treatment
between manual scavenging and hazardous cleaning violates Article 14 as there
is no rational differentiation between the two. However, this court is not faced
with a challenge to the statute in this case. Without a challenge to the
provisions, the differentiation cannot be held unconstitutional.
MECHANIZATION
83.While the statutory scheme does not provide for rehabilitation of
hazardous workers, especially those who work in sewers, the constitutional
underpinnings of the 2013 Act and the prohibition of untouchability must inure
to their benefit. Hazardous cleaning, like manual scavenging, is a manifestation
of untouchability, and has been abolished by the adoption of Article 17 of the
Constitution. This is also evident through the Civil Rights Act, 1955 which
specifically proscribes scavenging under Section 7A, as being an instance of
untouchability.
84.To this end, the 2013 Act and Rules provide for mechanization of
hazardous cleaning through ‘cleaning devices’ and ‘protective gear’. Rule 3 of
the 2013 Rules beings with the words “no person shall be allowed to clean a
sewer manually with the protective gear and safety devices under these rules
except …” A scrutiny of the exceptions under the Rule reveals that the situations
are only where mechanical equipment cannot be put into operation or when the
sewer is not yet operational. In other circumstances, specific approval of the
40
CEO of the local authority is required where he reasons that it is absolutely
necessary to have manual sewage cleaning in writing with valid reasons.
85.Notably, Rule 3(2) ensures that even in the exceptional situations of
removal of submersible pumps and reconstructions of the manhole, the sewage
must be totally emptied. An exhaustive list of protective gear under Rule 4 and
of cleaning devices in Rule 5 indicate the extent of mechanization required for
hazardous cleaning. The further safeguards under Rule 6, 7 and 8 make it clear
that a person must not enter the sewer or septic tank except under exceptional
situations.
86.The clear purpose and intent of the 2013 Act and Rules is to ensure the
mechanization of sewer and septic tank cleaning. In other words, the 2013 Act
and Rules intends that no person should have to come in direct contact with
human excreta and that protective gear and cleaning devices must be provided
to ensure this. The protective gear and cleaning devices required to be
prescribed under the Rules would also be required to be in furtherance with this
purpose. That is to say, the prescribing authority must keep in mind that the
protective gear and cleaning devices given to a hazardous cleaner ensure that he
does not come into contact with human excreta.
87.The data submitted by the Union in its affidavits reveals a significant lack
of mechanization to clean sewer lines or septic tanks. A few examples which
had been raised by the Amicus Curiae pertain to Chittoor, Ongole, Mangalagiri-
Tadeppalli in Andhra Pradesh, Kollam in Kerala, Gangtok in Sikkim, Nagercoil
in Tamil Nadu all having no machines at all, and the entirety of the cleaning is
being undertaken by hazardous cleaners. As held above, such a situation is
against the statutory as well as constitutional mandate. Cleaning devices as well
as protective gear must be provided to ensure that manual cleaning of sewers
and septic tanks is not done.
41
STATUS OF HAZARDOUS CLEANING UNDER ARTICLE 23
88.Article 23 of the Constitution prohibits forced labour and makes it an
offence punishable in accordance with law. The expression ‘ other forms of
forced labour ’ in Article 23 strike at all forms of labour which offend human
dignity. This would include not just remuneration but would also include all
labour where the absolute minimum standards of safe employment are not met.
89.At the cost of repetition, given the importance of, it would not be out of
place to mention that the meaning of forced labour was discussed by this Court
in People's Union for Democratic Rights (supra) where this Court had expanded
the scope of the words and included within its sweep situations where basic
dignity is violated by not adhering to the minimum wage standards. The court
held that employment where minimum wage is not paid is a violation of Article
23 and an instance of forced labour.
90.Drawing from the above principles, it can be held that where minimum
protective gear and cleaning devices are not provided to hazardous workers, the
employment of hazardous workers amounts to forced labour and is thus
prohibited under the Constitution. This attains importance as the provisions for
protective gear and cleaning devices are not mere statutory rights or rules, but
are entitlements and it is due to these entitlements that the provisions of the
2013 Act are in consonance with the Constitution.
91.Another consequence of this principle is that the defence of any
contractor or authority that a hazardous worker had entered into a sewer or
septic tank voluntarily without any protective gear or cleaning devices, would
not stand constitutional scrutiny. In People's Union for Democratic Rights
(supra), this Court explained the reasons why the alleged consent is irrelevant,
in the context of minimum wages in the following words:
“13. … It is therefore clear that even if a person has contracted with
another to perform service and there is consideration for such service in
42
the shape of liquidation of debt or even remuneration he cannot be forced,
by compulsion of law or otherwise, to continue to perform such service, as
that would be forced labour within the inhibition of Article 23. This article
strikes at every form of forced labour even if it has its origin in a contract
voluntarily entered into by the person obligated to provide labour or
service (vide Pollock v. Williams [322 US 4: 88 L Ed 1095]). The reason
is that it offends against human dignity to compel a person to provide
labour or service to another if he does not wish to do so, even though it be
in breach of the contract entered into by him. There should be no serfdom
or involuntary servitude in a free democratic India which respects the
dignity of the individual and the worth of the human person. Moreover,
in a country like India where there is so much poverty and
unemployment and there is no equality of bargaining power, a contract
of service may appear on its face voluntary but it may, in reality, be
involuntary, because while entering into the contract, the employee, by
reason of his economically helpless condition, may have been faced with
Hobson's choice, either to starve or to submit to the exploitative terms
dictated by the powerful employer. It would be a travesty of justice to
hold the employee in such a case to the terms of the contract and to
compel him to serve the employer even though he may not wish to do so.
That would aggravate the inequality and injustice from which the
employee even otherwise suffers on account of his economically
disadvantaged position and lend the authority of law to the exploitation
of the poor helpless employee by the economically powerful employer.
Article 23 therefore says that no one shall be forced to provide labour or
service against his will, even though it be under a contract of service.” ”
A contract for employment of a hazardous cleaner without protective gear
and cleaning devices would, similarly, violate Article 23 even if it were
voluntary because such an agreement would violate human dignity.
REHABILITATION OF HAZARDOUS WORKERS
92.The liberative nature of the statute coupled with the object of Article 17
and 23 require entitlements to be given to the families of those persons who
died while working in sewers or septic tanks. This is also because the entire
family would be rendered without a bread-winner. The economic and social
43
status of the already downtrodden and oppressed family would dwindle further.
The dignity of the individual, guaranteed by law under Article 21, must be
ensured through rehabilitative processes.
93.The Court cannot be blind to such a situation. In fact, it is in pursuance of
this aim that this Court in Safai Karamchari (supra) granted a sum of 10 lakhs
₹
to every family where a person had died in a sewer. The Court held:
“23.2. If the practice of manual scavenging has to be brought to a close
and also to prevent future generations from the inhuman practice of
manual scavenging, rehabilitation of manual scavengers will need to
include: (a) Sewer deaths — Entering sewer lines without safety gear
should be made a crime even in emergency situations. For each such
death, compensation of Rs 10 lakhs should be given to the family of the
deceased.
23.3. Identify the families of all persons who have died in sewerage work
(manholes, septic tanks) since 1993 and award compensation of Rs 10
lakhs for each such death to the family members depending on them.
23.4 Rehabilitation must be based on the principles of justice and
transformation.”
94.However, mere economic measures would not suffice in the upliftment of
the family. Rehabilitation would require elements of long-term and short-term
socio-economic measures such as scholarships, etc. To this end, this Court finds
that entitlements which are akin to those given to manual scavengers must be
granted to families of hazardous workers who had died in sewers and septic
tanks.
95.In addition to the families of the hazardous workers, endeavors must be
made to rehabilitate such persons who continue to be employed as hazardous
workers without any protective gear or cleaning devices. States must suitably
frame policies to ensure that all hazardous workers are given access to
rehabilitative entitlements.
Directions
96. In view of the above discussion, the following directions are issued:
44
(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.
45
(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.
46
(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
co-ordination 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 co-
ordination 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 co-
ordinate 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.
Conclusion
“For ours is a battle not for wealth or for power. It is a battle
for freedom. It is the battle of reclamation of human
personality.”
46
Dr. B. R. Ambedkar
97.If we are to be truly equal, in all respects the commitment that the
constitution makers gave to all sections of the society, by entrenching
46 Address at the All-India Depressed Classes Conference held at Nagpur in July 1942
47
emancipatory provisions, such as Articles 15 (2), 17, 23 and 24, each of us must
live up to its promise. The Union and the States are duty bound to ensure that
the practice of manual scavenging is completely eradicated. Each of us owe it to
this large segment of our population, who have remained unseen, unheard and
muted, in bondage, systematically trapped in inhumane conditions. The
conferment of entitlements and placement of obligations upon the Union and
the States, through express prohibitions in the constitution, and provisions of the
2013 Act, mean that they are obliged to give real meaning to them, and
implement the provisions in the letter and spirit. Upon all of us citizens lie, the
duty of realizing true fraternity, which is at the root of these injunctions. Not
without reason does our Constitution place great emphasis on the value of
dignity and fraternity, for without these two all other liberties are chimera, a
promise of unreality. It is all of us who today proudly bask in the achievements
of our republic, who have to awake and arise, so that the darkness which has
been the fate of generations of our people is dispelled, and they enjoy all those
freedoms, and justice (social, economic and political) that we take for granted.
98.Lastly, this court also expresses its gratitude to Amicus Mr. K
Parmeshwar for his valuable contribution and efforts. List the matter on
01.02.2024.
.............................................J.
[S. RAVINDRA BHAT]
.............................................J.
[ARAVIND KUMAR]
48
New Delhi,
October 20, 2023
49
Login with google
Legal Notes
Add a Note....