Page 1 REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO. 583 OF 2003

Safai Karamchari Andolan & Ors. .... Petitioner (s)

Versus

Union of India & Ors. .... Respondent(s)

WITH

CONTEMPT PETITION (C) NO. 132 OF 2012

IN

WRIT PETITION (CIVIL) NO. 583 OF 2003

J U D G M E N T

P.Sathasivam, CJI.

1)The above writ petition has been filed by the petitioners

as a Public Interest Litigation under Article 32 of the

Constitution of India praying for issuance of a writ of

mandamus to the respondent-Union of India, State

Governments and Union Territories to strictly enforce the

1

Page 2 implementation of the Employment of Manual Scavengers

and Construction of Dry Latrines (Prohibition) Act, 1993 (in

short ‘the Act’), inter alia, seeking for enforcement of

fundamental rights guaranteed under Articles 14, 17, 21 and

47 of the Constitution of India.

2)Brief facts:

(i)The inhuman practice of manually removing night soil

which involves removal of human excrements from dry

toilets with bare hands, brooms or metal scrappers; carrying

excrements and baskets to dumping sites for disposal is a

practice that is still prevalent in many parts of the country.

While the surveys conducted by some of the petitioner-

organizations estimate that there are over 12 lakh manual

scavengers undertaking the degrading human practice in the

country, the official statistics issued by the Ministry of Social

Justice and Empowerment for the year 2002-2003 puts the

figure of identified manual scavengers at 6,76,009. Of

these, over 95% are Dalits (persons belonging to the

scheduled castes), who are compelled to undertake this

2

Page 3 denigrating task under the garb of “traditional occupation”.

The manual scavengers are considered as untouchables by

other mainstream castes and are thrown into a vortex of

severe social and economic exploitation.

(ii)The sub-Committee of the Task Force constituted by

the Planning Commission in 1989 estimated that there were

72.05 lakhs dry latrines in the country. These dry latrines

have not only continued to exist till date in several States

but have increased to 96 lakhs and are still being cleaned

manually by scavengers belonging to the Scheduled Castes.

(iii)National Scheduled Castes and Scheduled Tribes

Finance and Development Corporation was set up in

February, 1989 as a Government company to provide

financial assistance to all the Scheduled Castes and

Scheduled Tribes including Safai Karamcharis for their

economic development.

(iv)The Government of India formulated a Scheme known

as ‘Low Cost Sanitation for Liberation of Scavengers’ which is

a centrally sponsored Scheme being implemented in 1989-

3

Page 4 90 for elimination of manual scavenging by converting

existing dry latrines into low cost water pour flush latrines

and also for construction of new sanitary latrines.

(v)With a view to eliminate manual scavenging, a Scheme

known as ‘National Scheme of Liberation and Rehabilitation

of Scavengers and their Dependents’ was launched in March

1992 for identification, liberation and rehabilitation of

scavengers and their dependents by providing alternative

employment after giving the requisite training.

(vi)Based on earlier experience and keeping in view the

recommendations of the National Seminar on Rural

Sanitation held in September 1992, a new strategy was

adopted by the Government of India in March 1993. The

emphasis was now on providing sanitary latrines including

the construction of individual sanitary latrines for selected

houses below the poverty line with subsidy of 80% of the

unit cost of Rs.2,500/-.

(vii)In the year 1993, the Parliament enacted the

Employment of Manual Scavengers and Construction of Dry

4

Page 5 Latrines (Prohibition) Act, 1993 and it received the assent of

the President on 5

th

June, 1993. The long title of the Act

describes it as an Act to provide for the prohibition of

employment of manual scavengers as well as construction or

continuance of dry latrines and for the regulation of

construction and maintenance of water-seal latrines and for

matters connected therewith or incidental thereto.

(viii)The Act, which was enacted in June 1993, remained

inoperative for about 3½ years. It was finally brought into

force in the year 1997. In the first instance, the Act applied

to the States of Andhra Pradesh, Goa, Karnataka,

Maharashta, Tripura and West Bengal and to all the Union

Territories. It was expected that the remaining States would

adopt the Act subsequently by passing appropriate

resolution under Article 252 of the Constitution. However, as

noted by the National Commission for Safai Karamcharis-a

statutory body, set up under the National Commission for

Safai Karamcharis Act, 1993, in its 3

rd

and 4

th

Reports

(combined) submitted to the Parliament, noted that the 1993

Act was not being implemented effectively and further noted

5

Page 6 that the estimated number of dry latrines in the country is

96 lakhs and the estimated number of manual scavengers

identified is 5,77,228. It further noted that manual

scavengers were being employed in the military engineering

works, the army, public sector undertakings, Indian Railways

etc.

(ix)In 2003, a report was submitted by the Comptroller and

Auditor General (CAG) which evaluated the ‘National Scheme

for Liberation and Rehabilitation of Scavengers and their

Dependents’. The conclusion of the report was that this

Scheme “has failed to achieve its objectives even after 10

years of implementation involving investment of more than

Rs. 600 crores”. It further pointed out that although funds

were available for implementation of the Scheme, much of it

were unspent or underutilized. The Committees set up for

monitoring the Scheme were non-functional. It further noted

that there was “lack of correspondence between ‘liberation’

and ‘rehabilitation’ and that “there was no evidence to

suggest if those liberated were in fact rehabilitated”. It

concluded that “the most serious lapse in the

6

Page 7 conceptualization and operationalization of the Scheme was

its failure to employ the law that prohibited the occupation…

the law was rarely used”.

(x)In December, 2003 the Safai Karamchari Andolan along

with six other civil society organizations as well as seven

individuals belonging to the community of manual

scavengers filed the present writ petition under Article 32 of

the Constitution on the ground that the continuation of the

practice of manual scavenging as well as of dry latrines is

illegal and unconstitutional since it violates the fundamental

rights guaranteed under Articles 14, 17, 21 and 23 of the

Constitution of India and the 1993 Act.

3)We have heard the arguments advanced by learned

counsel for the parties and perused the records.

Relief sought for:

4)The petitioners have approached this Court by way of

writ petition in 2003, inter alia, seeking:

(i)to ensure complete eradication of Dry Latrines;

7

Page 8 (ii)to declare continuance of the practice of manual

scavenging and the operation of Dry Latrines violative

of Articles 14, 17, 21 and 23 of the Constitution and the

1993 Act;

(iii)to direct the respondents to adopt and implement the

Act and to formulate detailed plans, on time bound

basis, for complete eradication of practice of manual

scavenging and rehabilitation of persons engaged in

such practice;

(iv)to direct Union of India and State Governments to issue

necessary directives to various Municipal Corporations,

Municipalities and Nagar Panchayats (all local bodies)

to strictly implement the provisions of the Act and

initiate prosecution against the violators; and

(v)to file periodical Compliance Reports pursuant to

various directions issued by this Court.

Discussion:

8

Page 9 5)The practice of untouchability in general and of manual

scavenging in particular was deprecated in no uncertain

terms by Dr. B.R. Ambedkar, Chairman of the Drafting

Committee of the Constitution of India. Accordingly, in

Chapter III of the Constitution, Article 17 abolished

untouchability which states as follows:

“Abolition of Untouchability: “Untouchability” is abolished

and its practice in any form is forbidden. The enforcement

of any disability arising out of “Untouchability” shall be an

offence punishable in accordance with law.”

6)Article 17 of the Constitution was initially implemented

through the enactment of the Protection of Civil Rights Act,

1955 (formerly known as the Untouchability (Offences) Act,

1955). Section 7A of the said Act provides that whoever

compels any person on the ground of untouchability to do

any scavenging shall be deemed to have enforced a

disability arising out of untouchability which is punishable

with imprisonment. While these constitutional and statutory

provisions were path breaking in themselves, they were

found to be inadequate in addressing the continuation of the

obnoxious practice of manual scavenging across the country,

9

Page 10 a practice squarely rooted in the concept of the caste-

system and untouchability.

7) Apart from the provisions of the Constitution, there are

various international conventions and covenants to which

India is a party, which prescribe the inhuman practice of

manual scavenging. These are the Universal Declaration of

Human Rights (UDHR), Convention on Elimination of Racial

Discrimination (CERD) and the Convention for Elimination of

all Forms of Discrimination Against Women (CEDAW). The

relevant provisions of the UDHR, CERD and CEDAW are

hereunder:

“Article 1 of UDHR

All human beings are born free and equal in dignity and

rights. They are endowed with reason and conscience and

should act towards one another in spirit of brotherhood.

Article 2(1) of UDHR

Everyone is entitled to all the rights and freedom set forth

in this Declaration, without distinction of any kind, such as

race, colour, sex, language, religion, political or other

opinion, national or social origin, property, birth or other

status.

Article 23(3) of UDHR

Everyone who works has a right to just and favourable

remuneration enduring for himself and his family an

10

Page 11 existence worthy of human dignity and supplemented, if

necessary, by other means of social protection.”

“Article 5(a) of CEDAW

States Parties shall take all appropriate measures

a) to modify the social and cultural patterns of conduct

of men and women, with a view to achieving the

elimination of prejudices and customary and all other

practices which are based on the idea of the inferiority or

the superiority of either of the sexes or on stereotyped

roles for men and women.

Article 2 of CERD

Article 2(1)(c)

States parties condemn racial discrimination and

undertake to pursue by all appropriate means and without

delay a policy of eliminating racial discrimination in all its

forms and promoting understanding among all races, and

to his end:

(c) each State party shall take effective measures to

review governmental, national and local policies, and to

amend, rescind or nullify any laws and regulations which

have the effect of creating on perpetuating racial

discrimination wherever it exists;

(d) each State party shall prohibit and bring to an end, by

all appropriate means, including legislation as required by

circumstances, racial discrimination by any persons, group

or organization.”

The above provisions of the International Covenants, which

have been ratified by India, are binding to the extent that

they are not inconsistent with the provisions of the domestic

law.

11

Page 12 8)From 2003 till date, this writ petition was treated as a

continuing mandamus. Several orders have been passed by

this Court having far reaching implications. The petitioners

have brought to focus the non-adoption of the Act by various

States which led to ratification of the Act by State

Assemblies (including the Delhi Assembly which ratified the

Act as late as in 2010). The Union Government, State

Governments as well as the petitioners have filed affidavits

from time to time as per the directions of this Court and also

as to the compliance of those orders.

9)This Court has, on several occasions, directed the Union

and State Governments to take steps towards the monitoring

and implementation of the Act. Various orders have

gradually pushed the State Governments to ratify the law

and appoint Executive Authorities under the Act. Under the

directions of this Court, the States are obligated by law to

collect data and monitor the implementation of the Act.

10)Due to mounting pressure of this Court, in March, 2013,

the Central Government announced a ‘Survey of Manual

12

Page 13 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

13

Page 14 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.

13)Learned Additional Solicitor General has brought to our

notice various salient features of the Act which are as

under:-

14

Page 15 (i)The above-said Act has been enacted to provide for the

prohibition of employment as manual scavengers,

rehabilitation of manual scavengers and their families,

and for matters connected therewith or incidental

thereto.

(ii)Chapter I of the Act inter alia provides for the

definitions of “hazardous cleaning”, “insanitary latrine”

and “manual scavenger” as contained in Sections 2(1)

(d), (e) and (g) thereof respectively.

(iii)Chapter II of the Act contains provisions for

Identification of Insanitary latrines. Section 4(1) of the

Act reads as under:

“4 - Local authorities to survey insanitary latrines

and provide sanitary community latrines

(1) Every local authority shall,--

(a) carry out a survey of insanitary latrines existing within

its jurisdiction, and publish a list of such insanitary latrines,

in such manner as may be prescribed, within a period of

two months from the date of commencement of this Act;

(b) give a notice to the occupier, within fifteen days from

the date of publication of the list under clause (a), to either

demolish the insanitary latrine or convert it into a sanitary

latrine, within a period of six months from the date of

commencement of this Act:

Provided that the local authority may for sufficient reasons

to be recorded in writing extend the said period not

exceeding three months;

(c) construct, within a period not exceeding nine months

from the date of commencement of this Act, such number

15

Page 16 of sanitary community latrines as it considers necessary, in

the areas where insanitary latrines have been found.”

(iv)Chapter III of the Act contains provisions for prohibition

of insanitary latrines and employment and engagement as

manual scavenger. Sections 5, 6 and 7 of the Act read as

under:

“5 - Prohibition of insanitary latrines and

employment and engagement of manual scavenger

(1) Notwithstanding anything inconsistent therewith

contained in the Employment of Manual Scavengers and

Construction of Dry Latrines (Prohibition) Act, 1993(46 of

1993), no person, local authority or any agency shall, after

the date of commencement of this Act,--

(a) construct an insanitary latrine; or

(b) engage or employ, either directly or indirectly, a

manual scavenger, and every person so engaged or

employed shall stand discharged immediately from any

obligation, express or implied, to do manual scavenging.

(2) Every insanitary latrine existing on the date of

commencement of this Act, shall either be demolished or

be converted into a sanitary latrine, by the occupier at his

own cost, before the expiry of the period so specified in

clause (b) of sub-section (1) of section 4:

Provided that where there are several occupiers in relation

to an insanitary latrine, the liability to demolish or convert

it shall lie with,--

(a) the owner of the premises, in case one of the occupiers

happens to be the owner; and

(b) all the occupiers, jointly and severally, in all other

cases:

Provided that the State Government may give assistance

for conversion of insanitary latrines into sanitary latrines to

occupiers from such categories of persons and on such

scale, as it may, by notification, specify:

Provided further that non-receipt of State assistance shall

not be a valid ground to maintain or use an insanitary

latrine, beyond the said period of nine months.

16

Page 17 (3) If any occupier fails to demolish an insanitary latrine or

convert it into a sanitary latrine within the period specified

in sub-section (2), the local authority having jurisdiction

over the area in which such insanitary latrine is situated,

shall, after giving notice of not less than twenty one days

to the occupier, either convert such latrine into a sanitary

latrine, or demolish such insanitary latrine, and shall be

entitled to recover the cost of such conversion or, as the

case may be, of demolition, from such occupier in such

manner as may be prescribed.

6 - Contract, agreement, etc., to be void

(1) Any contract, agreement or other instrument entered

into or executed before the date of commencement of this

Act, engaging or employing a person for the purpose of

manual scavenging shall, on the date of commencement of

this Act, be terminated and such contract, agreement or

other instrument shall be void and inoperative and no

compensation shall be payable therefor.

(2) Notwithstanding anything contained in sub-section (1),

no person employed or engaged as a manual scavenger on

a full-time basis shall be retrenched by his employer, but

shall be retained, subject to his willingness, in employment

on at least the same emoluments, and shall be assigned

work other than manual scavenging.

7 - Prohibition of persons from engagement or

employment for hazardous cleaning of sewers and

septic tanks

No person, local authority or any agency shall, from such

date as the State Government may notify, which shall not

be later than one year from the date of commencement of

this Act, engage or employ, either directly or indirectly, any

person for hazardous cleaning of a sewer or a septic tank.”

(v)Sections 8 and 9 of the Act provide for penal provisions

which read as under:

8 - Penalty for contravention of section 5 or section

6

17

Page 18 Whoever contravenes the provisions of section 5 or section

6 shall for the first contravention be punishable with

imprisonment for a term which may extend to one year or

with fine which may extend to fifty thousand rupees or with

both, and for any subsequent contravention with

imprisonment which may extend to two years or with fine

which may extend to one lakh rupees, or with both.

9 - Penalty for contravention of section 7

Whoever contravenes the provisions of section 7 shall for

the first contravention be punishable with imprisonment for

a term which may extend to two years or with fine which

may extend to two lakh rupees or with both, and for any

subsequent contravention with imprisonment which may

extend to five years or with fine which may extend to five

lakh rupees, or with both.

(vi)Chapter IV of the Act contains provisions with respect to

identification of manual scavengers in Urban and Rural Areas

and also provides for their rehabilitation. Section 13 of the

Act reads as under;

“13 - Rehabilitation of persons identified as manual

scavengers by a Municipality

(1) Any person included in the final list of manual

scavengers published in pursuance of sub-section (6) of

section 11 or added thereto in pursuance of sub-section (3)

of section 12, shall be rehabilitated in the following

manner, namely:--

(a) he shall be given, within one month,--

(i) a photo identity card, containing, inter alia, details of all

members of his family dependent on him, and

(ii) such initial, one time, cash assistance, as may be

prescribed;

(b) his 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;

18

Page 19 (c) he 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, and the provisions of

the relevant scheme of the Central Government or the

State Government or the concerned local authority;

(d) he, or at least one adult member of his family, shall be

given, subject to eligibility and willingness, training in a

livelihood skill, and shall be paid a monthly stipend of not

less than three thousand rupees, during the period of such

training;

(e) he, or at least one adult member of his family, shall be

given, subject to eligibility and willingness, subsidy and

concessional loan for taking up an alternative occupation

on a sustainable basis, in such manner as may be

stipulated in the relevant scheme of the Central

Government or the State Government or the concerned

local authority;

(f) he shall be provided such other legal and programmatic

assistance, as the Central Government or State

Government may notify in this behalf.

(2) The District Magistrate of the district concerned shall be

responsible for rehabilitation of each manual scavenger in

accordance with the provisions of sub-section (1) and the

State Government or the District Magistrate concerned

may, in addition, assign responsibilities in his behalf to

officers subordinate to the District Magistrate and to

officers of the concerned Municipality.”

(vii)Chapter V of the Act provides for the implementing

mechanism. Sections 17 to 20 read as under:

17 - Responsibility of local authorities to ensure

elimination of insanitary latrines

Notwithstanding anything contained in any other law for

the time being in force, it shall be the responsibility of

every local authority to ensure, through awareness

campaign or in such other manner that after the expiry of

a period of nine months, from the date of commencement

of this Act,--

19

Page 20 (i) no insanitary latrine is constructed, maintained or used

within its jurisdiction; and

(ii) in case of contravention of clause (i), action is taken

against the occupier under sub-section (3) of section 5.

18 - Authorities who may be specified for

implementing provisions of this Act

The appropriate Government may confer such powers and

impose such duties on local authority and District

Magistrate as may be necessary to ensure that the

provisions of this Act are properly carried out, and a local

authority and the District Magistrate may, specify the

subordinate officers, who shall exercise all or any of the

powers, and perform all or any of the duties, so conferred

or imposed, and the local limits within which such powers

or duties shall be carried out by the officer or officers so

specified.

19 - Duty of District Magistrate and authorised

officers

The District Magistrate and the authority authorised under

section 18 or any other subordinate officers specified by

them under that section shall ensure that, after the expiry

of such period as specified for the purpose of this Act,--

(a) no person is engaged or employed as manual

scavenger within their jurisdiction;

(b) no one constructs, maintains, uses or makes available

for use, an insanitary latrine;

(c) manual scavengers identified under this Act are

rehabilitated in accordance with section 13, or as the case

may be, section 16;

(d) persons contravening the provisions of section 5 or

section 6 or section 7 are investigated and prosecuted

under the provisions of this Act; and

(e) all provisions of this Act applicable within his

jurisdiction are duly complied with.

20 - Appointment of inspectors and their powers

(1) The appropriate Government may, by notification,

appoint such persons as it thinks fit to be inspectors for the

20

Page 21 purposes of this Act, and define the local limits within

which they shall exercise their powers under this Act…”

(viii)Chapter VII of the Act provides for the establishment of

Vigilance and Monitoring Committees in the following terms:

“24 - Vigilance Committees

(1) Every State Government shall, by notification,

constitute a Vigilance Committee for each district and each

Sub-Division.

(2) Each Vigilance Committee constituted for a district shall

consist of the following members, namely:--

(a) the District Magistrate--Chairperson, ex officio;…

25 - Functions of Vigilance Committee

The functions of Vigilance Committee shall be--

(a) to advise the District Magistrate or, as the case may be,

the Sub-Divisional Magistrate, on the action which needs to

be taken, to ensure that the provisions of this Act or of any

rule made thereunder are properly implemented;

(b) to oversee the economic and social rehabilitation of

manual scavengers;

(c) to co-ordinate the functions of all concerned agencies

with a view to channelise adequate credit for the

rehabilitation of manual scavengers;

(d) to monitor the registration of offences under this Act

and their investigation and prosecution.

26 - State Monitoring Committee

(1) Every State Government shall, by notification,

constitute a State Monitoring Committee, consisting of the

following members, namely:--

(a) the Chief Minister of State or a Minister nominated by

him--Chairperson, ex officio;…

27 - Functions of the State Monitoring Committee

The functions of the State Monitoring Committee shall be--

(a) to monitor and advise the State Government and local

authorities for effective implementation of this Act;

21

Page 22 (b) to co-ordinate the functions of all concerned agencies;

(c) to look into any other matter incidental thereto or

connected therewith for implementation of this Act.

*** *** ***

29 - Central Monitoring Committee

(1) The Central Government shall, by notification,

constitute a Central Monitoring Committee in accordance

with the provisions of this section.

(2) The Central Monitoring Committee shall consist of the

following members, namely:--

(a) The Union Minister for Social Justice and

Empowerment--Chairperson, ex officio;…

30 - Functions of the Central Monitoring Committee

The functions of the Central Monitoring Committee shall

be,--

(a) to monitor and advise the Central Government and

State Government for effective implementation of this Act

and related laws and programmes;…

31 - Functions of National Commission for Safai

Karamcharis

(1) The National Commission for Safai Karamcharis shall

perform the following functions, namely:--

(a) to monitor the implementation of this Act;

(b) to enquire into complaints regarding contravention of

the provisions of this Act, and to convey its findings to the

concerned authorities with recommendations requiring

further action; and

(c) to advise the Central and the State Governments for

effective implementation of the provisions of this Act.

(d) to take suo motu notice of matter relating to non-

implementation of this Act.”

22

Page 23 (ix)Chapter VIII of the Act contains miscellaneous

provisions. Section 33 of the Act provides for duty of local

authorities and other agencies to use modern technology for

cleaning of sewers, etc. Section 36 of the Act provides that

the appropriate Government shall, by notification, makes

rules for carrying out the provisions of the Act within a

period not exceeding three months. Section 37 of the Act

provides that the Central Government shall, by notification,

publish model rules for the guidance and use of the State

Governments.

14)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:-

(i)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 Part IV of the 2013

Act, in the following manner, namely:-

(a) such initial, one time, cash assistance, as may be

prescribed;

23

Page 24 (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;

24

Page 25 (f)shall be provided such other legal and

programmatic assistance, as the Central Government or

State Government may notify in this behalf.

(ii)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

gears 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.

25

Page 26 (d)Provide support for dignified livelihood to safai

karamchari women in accordance with their choice of

livelihood schemes.

(iii)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.

(iv)Rehabilitation must be based on the principles of justice

and transformation.

15)In the light of various provisions of the Act referred to

above and the Rules in addition to various directions issued

by this Court, we hereby direct all the State Governments

and the Union Territories to fully implement the same and

take appropriate action for non-implementation as well as

violation of the provisions contained in the 2013 Act.

Inasmuch as the Act 2013 occupies the entire field, we are of

the view that no further monitoring is required by this Court.

However, we once again reiterate that the duty is cast on all

the States and the Union Territories to fully implement and

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Page 27 to take action against the violators. Henceforth, persons

aggrieved are permitted to approach the authorities

concerned at the first instance and thereafter the High Court

having jurisdiction.

16)With the above direction, the writ petition is disposed

of. No order is required in the contempt petition.

……….…………………………CJI.

(P. SATHASIVAM)

………….…………………………J.

(RANJAN GOGOI)

………… .…………………………J.

(N.V. RAMANA)

NEW DELHI;

MARCH 27, 2014.

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