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The Supreme Court of India delivered a landmark judgment on the deeply troubling issue of manual scavenging, ordering an immediate ban on this dehumanizing practice in six major metropolitan cities: Delhi, Mumbai, Chennai, Kolkata, Bengaluru, and Hyderabad. This decisive action, stemming from a writ petition aiming to eradicate manual scavenging nationwide, underscores the Court's frustration with the slow progress and lack of concrete action from the Union Government. The Court's order mandates that the Chief Executive Officers (or their equivalents) of these cities submit detailed plans by February 13, 2025, outlining a comprehensive strategy to completely eliminate manual sewer cleaning and scavenging within their jurisdictions. Failure to comply will undoubtedly result in severe consequences, sending a clear message that the era of excuses is over.
The Court's decision follows a December 2024 order where it had requested the Union Government to convene a meeting with the Central Monitoring Committee and relevant state stakeholders to evaluate the progress made in tackling manual scavenging. However, the subsequent report submitted by the Union Government was deemed insufficient and unsatisfactory by the Court. The Justices expressed their profound disappointment with the lack of substantial progress and the apparent lack of commitment to eradicating this inhumane practice. This dissatisfaction is highlighted by the strong statement made by the bench: “Can we say today that manual scavenging is banned from this moment onward? We are fed up with issuing orders. Either comply or face the consequences,” underscoring the urgency and seriousness of the situation.
The petition, filed by Dr. Balram Singh, rightly pointed out the inadequate implementation of two crucial laws designed to combat manual scavenging: the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, and the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013. Despite the existence of these laws for many years, the persistent prevalence of manual scavenging demonstrates a significant failure in their effective enforcement. The Court's frustration with this ongoing failure is palpable, highlighting the need for immediate and decisive action to protect vulnerable populations forced into this dangerous and degrading work. The Union Government's own affidavit, claiming that 456 out of 775 districts have eradicated manual scavenging, was met with skepticism and criticism.
Senior Advocate K. Parameshar, acting as amicus curiae, effectively challenged the accuracy and completeness of the data presented by the Union Government. He pointed out that several districts listed as having eradicated manual scavenging had not even established the mandatory committees required to oversee the implementation of the relevant laws. This casts significant doubt on the veracity of the government's claims. Furthermore, Parameshar highlighted the incomplete nature of a national survey on manual scavengers, recommended by the Central Committee in October 2024, underscoring the lack of comprehensive data and effective monitoring mechanisms. The lack of adequate sewer systems in many North-Eastern states was also pointed out as a major obstacle to the complete eradication of manual scavenging, highlighting the need for a holistic and regionally-sensitive approach.
The Supreme Court reiterated its previous directives to the Union Government, emphasizing the need for a complete phasing out of manual sewer cleaning. This includes ensuring that contractors and agencies hired for sewer maintenance and cleaning do not employ workers who are required to enter sewers manually. Justice Kumar forcefully emphasized the crucial need for appropriate equipment and protective gear. He stated that, “Unless manual scavenging is completely eradicated, people will continue to be forced into sewers. In metropolitan cities, there’s no excuse for not providing workers with protective gear.” This statement underscores the Court’s unwavering commitment to safeguarding the lives and dignity of those vulnerable to this exploitative practice. The Union's proposed solution of introducing a model contract for contractors aimed at preventing forced manual scavenging was criticized by senior advocate Jayna Kothari as insufficient, particularly in smaller towns with limited resources. She argued that metropolitan cities, with their greater access to resources and infrastructure, have no valid justification for failing to eliminate manual scavenging.
The Supreme Court’s bold decision marks a significant step toward ending the inhumane practice of manual scavenging in India. By holding six major cities accountable and demanding concrete plans for the eradication of this practice, the Court has sent a powerful message that the time for inaction and excuses is over. This decision places immense pressure on the government to take swift and effective action to protect the dignity and lives of those who have been forced into this dangerous and degrading work. The Court's unwavering commitment to ensuring the enforcement of existing laws and the implementation of comprehensive strategies to address the root causes of manual scavenging offers a glimmer of hope for a future where such dehumanizing practices are consigned to the history books. The focus now shifts to the implementation of these plans and the sustained monitoring by the Court to ensure that this landmark judgment translates into tangible improvements in the lives of those most affected.
Source: Supreme Court Orders Ban on Manual Sewer Cleaning in Six Metro Cities