Supreme Court: In a PIL seeking the implementation of the Employment of
Manual Scavengers and Construction of Dry Latrines (Prohibition) Act,
1993 (Act), inter alia, seeking for enforcement of fundamental rights
guaranteed under Articles 14, 17, 21 and 47 of the Constitution of
India, the bench comprising of P. Sathasivam, CJ and Ranjan Gogoi and
N.V. Ramana, JJ directed that the families of all persons who have died
in sewerage work (manholes, septic tanks) since 1993 be identified
and awarded compensation of Rs.10 lakhs for each such death to the
family members depending on them. The Court, casting the duty upon the
State and Union Territory Governments to fully implement the Act, also
directed the rehabilitation of the persons included in the final list of
manual scavengers under Sections 11 and 12 of the 2013 Act and said
that the future generations should be prevented from the inhuman
practice of manual scavenging. The Court was also of the opinion that
entering sewer lines without safety gears should be made a crime even in
emergency situations and that for each such death, compensation of Rs.
10 lakhs should be given to the family of the deceased. [Safai
Karamchari Andolan v. Union of India, WP (C) No. 583 of 2003, decided on
March 27, 2014]
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
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
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 petitionerorganizations
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
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-
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
Latrines (Prohibition) Act, 1993 and it received the assent of
the President on 5th 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 3rd and 4th Reports
(combined) submitted to the Parliament, noted that the 1993
Act was not being implemented effectively and further noted
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
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;
(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:
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,
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
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
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
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.
13) Learned Additional Solicitor General has brought to our
notice various salient features of the Act which are as
under:-
(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
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.
(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
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;
(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,--
(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
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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;
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(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.”
(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;
(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.
(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.
(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
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.
27
Print Page
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
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
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 petitionerorganizations
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
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-
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
Latrines (Prohibition) Act, 1993 and it received the assent of
the President on 5th 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 3rd and 4th Reports
(combined) submitted to the Parliament, noted that the 1993
Act was not being implemented effectively and further noted
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
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;
(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:
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,
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
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
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
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.
13) Learned Additional Solicitor General has brought to our
notice various salient features of the Act which are as
under:-
(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
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.
(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
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;
(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,--
(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
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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
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(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.”
(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;
(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.
(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.
(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
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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