DR. Balram Singh Vs. Union of India Ors.
Writ Petition (Civil) No(S). 324 OF 2020
S. RAVINDRA BHAT, J.
1. The unforgettable annals of our history not only have charted the numerous sacrifices of the people who fought for independence from the foreign imperial ruler but also a lesser-known freedom that for millennia eluded a large mass of people, who were nearly invisible. They were trapped in the thralldom of a solitude from which there was no liberation. That was centuries old stigmatising social practices that led to their depravation, to such levels that they were not even recognised as human beings. Among these practices was one which generations of people, were made to perform the meanest task of manual scavenging. It was to address this kind of social practice and with the resolve to completely out light and emancipate those trapped in it from the thralldom of bondage, that the constitution framers ensured three important provisions, which stare at us like beacons, assuring not only equality but fraternity amongst all people: the prohibition of untouchability; the outlawing of forced or involuntary labour and the freedom against exploitation.
2. To flesh out and give shape to the objects of these provisions, Parliament intervened and enacted several legislations. The first was the Civil Rights Act 1955; its provisions were amended in 1976 to outlaw the practice of untouchability. The penalization of these severe forms with stringent punishment was sought to be achieved by the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 which was further strengthened by later amendments. In that ensuring full economic freedom and true emancipation were two enactments, the “Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993” (hereinafter “Act 1993”) and the “Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013” (hereinafter “Act 2013”).
3. The present petition is filed under Article 32 of the Constitution of India, seeking directions to Respondents (Union of India and all the States and Union Territories) to implement provisions, inter alia, of the Act of 1993 and Act of 2013.
4. In the year 1993, a special Commission for Safai Karamchari was established as per the provisions of National Commission for Safai Karamchari Act, 1993 (hereinafter “NCSK Act”) to give its recommendations to Government regarding specific programmes for the welfare of Safai Karamcharis. In the same year, India took another significant step by prohibiting the employment of manual scavengers responsible for the daily manual emptying of certain types of dry toilets. Subsequently, the Parliament enacted the Act of 2013 which extended and clarified its scope to include insanitary latrines, ditches and pits. However, the petitioner claims that the respondents have not implemented essential provisions of these statutes. Regrettably, manual scavenging persists despite these legislations. Petitioner prayed that Act of 1993 and 2013 should be implemented in letter and spirit and to do so, it is necessary to impose a blanket ban on manual scavenging, while simultaneously ensuring adequate rehabilitation and employment opportunities for those currently engaged in these practices.
5. This Court previously addressed this subject matter in Safai Karamchari Andolan and Others vs. Union of India & Ors1 and after analyzing the provisions of 2013 Act, issued following directions:
“23. We have already noted various provisions of the 2013 Act and also in the light of various orders of this Court, we issue the following directions:
23.1. The persons included in the final list of manual scavengers under Sections 11 and 12 of the 2013 Act, shall be rehabilitated as per the provisions of Chapter IV of the 2013 Act, in the following manner, namely:
(a) such initial, one-time cash assistance, as may be prescribed;
(b) their children shall be entitled to scholarship as per the relevant scheme of the Central Government or the State Government or the local authorities, as the case may be;
(c) they shall be allotted a residential plot and financial assistance for house construction, or a ready-built house with financial assistance, subject to eligibility and willingness of the manual scavenger as per the provisions of the relevant scheme;
(d) at least one member of their family shall be given, subject to eligibility and willingness, training in livelihood skill and shall be paid a monthly stipend during such period;
(e) at least one adult member of their family shall be given, subject to eligibility and willingness, subsidy and concessional loan for taking up an alternative occupation on sustainable basis, as per the provisions of the relevant scheme;
(f) shall be provided such other legal and programmatic assistance, as the Central Government or State Government may notify in this behalf.
23.2. If the practice of manual scavenging has to be brought to a close and also to prevent future generations from the inhuman practice of manual scavenging, rehabilitation of manual scavengers will need to include:
(a) Sewer deaths — Entering sewer lines without safety gear should be made a crime even in emergency situations. For each such death, compensation of Rs 10 lakhs should be given to the family of the deceased.
(b) Railways — Should take time-bound strategy to end manual scavenging on the tracks.
(c) Persons released from manual scavenging should not have to cross hurdles to receive what is their legitimate due under the law.
(d) Provide support for dignified livelihood to safai karamchari women in accordance with their choice of livelihood schemes.
23.3. Identify the families of all persons who have died in sewerage work (manholes, septic tanks) since 1993 and award compensation of Rs 10 lakhs for each such death to the family members depending on them.
23.4. Rehabilitation must be based on the principles of justice and transformation.
In the present writ petition, the petitioner claims several directions such as:
(a) directing the respondents to implement provisions of the Water Prevention and Control of Pollution Act, 1974; The Air (Prevention and Control of Pollution) Act, 1981; The Environment Protection Act, 1986, The Public Liability Insurance Act, 1991; The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 and other statutes rules and regulation pertaining to protection of environment and human health and direct respondent to
(b) make provisions for underground swear /drainage system for disposal of used water and for treatment of used water in all villages towns and cities including slum areas
(c) make used water reusable after treatment for use of cattle, agricultural and other purposes except for human drinking and separate ponds should be made for collecting water for human use and animals use;
(d) make provisions for supply of goods, clean and un contaminated water in all villages, towns and cities and for this purpose to install big water purifier plans so that every citizen of the country can have good and purified drinking water of high quality;
(e) provide for rain water harvesting system throughout the country. It must be made a pre-requisite for raising any type of construction
(f) connect all toilets with sewage system
(g) install sewage treatment plants waste plants in all villages, towns and cities of the country
(h) convert all open drains into close one and construct all drains underground in further
(i) provide for mechanical scavenging measures for cleaning drains and sewages lines and to stop manual immediately
(j) repair roads within a prescribed period
(k) fix liabilities of government officer who do not follow and implement provisions for environmental protection. They should be punished for every negligence act of non-compliance of provisions
(l) pay compensation of rupees fifty 50,00,000/- (Rupees fifty lacs) in case any person dies while entering or after entering into sewage for cleaning it manually during pendency of this petition,
(m) provide for good drinking water on demand of public in areas where there is no provision for water supply and water available is contaminated and not fit for human use
(n) repair all roads on demand of public within a period of three months
6. On February 22, 2023, this court, inter alia, issued several directions aimed at ensuring effective implementation of the provisions outlined in the two acts, which is reproduced below:
(I)the respondent – Union shall place on record the steps taken pursuant to the judgment of this Court, viz.-a-viz. The Status of implementation of the 2013 Act i.e., Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 including the steps towards rehabilitation of such persons falling within the definition of ‘Manual Scavengers’. (II) Steps taken towards abolition/demolition of Dry Latrines, state-wise.
(III) Status of Dry Latrines and Safai Karamcharies in Cantonment Boards and Railways.
(IV) Employment of Safai Karamcharies in Railways and Cantonments Boards whether directly or indirectly i.e., through Contractors or otherwise.
(V) State-wise set up of Municipal Corporation and the nature of equipment (as well as the description of technical equipment), deployed by such bodies to mechanize sewage cleaning.
(VI) The feasibility of developing internet-based solutions for real time tracking of sewage deaths and action taken by their concerned authorities including the appropriate Government towards payment of compensation and rehabilitation of families.
7. Further, this court also added as parties to the present proceedings, the Union of India through Secretary, Ministry of Social Justice & Empowerment (hereafter “Union”); the National Commission for Safai Karamcharis (hereafter “NCSK”) ; the National Commission for Scheduled Castes (hereafter “NCSC”), and the National Commission for Scheduled Tribes (hereafter “NCST”). The court appointed Mr. K Parmeshwar, Advocate as Amicus Curie. On April 12, 2023, this court took note of two notifications issued by the Ministry of Railways dated 4.6.2014, and 13.10.2014 which stipulates that individuals engaged in cleaning sanitary latrines in passenger coaches and railway tracks at stations would not be subject to the prohibitions set forth in the Act of 2013 if they are provided with basic equipment such as face masks, gloves, boots, and brooms. Additionally, this court considered the observations made by the NCSK regarding the lack of action by the Railways, as presented in reports included in the compilation submitted to the court by the Amicus Curiae. In light of this, the court directed the Railways to submit a specific affidavit addressing these aspects.
