New Delhi, Dec 16 (UNI) The Supreme Court expressed strong dismay at the lack of implementation of its directives to eradicate manual scavenging and related practices.
A bench comprising Justice Sudhanshu Dhulia and Justice Aravind Kumar on last Wednesday emphasized that compliance with the Court’s orders regarding the abolition of manual scavenging is non-negotiable and is tied to the basic dignity of human life.
“This is a question of human dignity. These are low-priority areas for the government, but we will not leave this matter. Let me make it clear, we will go to any extent to ensure compliance, come what may,” Justice Dhulia remarked during the hearing of a Public Interest Litigation (PIL).
The PIL highlighted the non-implementation of major provisions of 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.
The Court took note of the Union government’s status report, filed on January 31, and deemed it “not encouraging.” It further criticized the failure to conduct a National Survey on Manual Scavengers, as mandated in its previous order dated October 20, 2023.
Senior Advocate and Amicus Curiae K. Parameshwar informed the Court that many states have not even formed the required District Level Survey Committees, which are essential for conducting the survey. He also highlighted that the Central Monitoring Committee, meant to oversee the implementation of these laws, has not convened in four years.
The Court was also informed that there have been 40 reported sewer deaths in 2024, yet not a single FIR has been registered. Civil rights organization Safai Karamchari Andolan revealed that an average of 70–80 deaths occur annually due to hazardous sewer cleaning.
Justice Dhulia, referring to the absence of accountability, stated, “This has to be registered under Section 306 of the IPC—it is abetment to suicide.” Justice Kumar echoed this sentiment, questioning the lack of action by the police, adding, “These families are voiceless.”
The Supreme Court reiterated its October 2023 directions, which included Eradication of Manual Scavenging: Complete abolition of manual sewer cleaning with the adoption of technology and scientific methods.
It said families of sewer victims must be compensated ₹30 lakhs for fatalities and ₹10–20 lakhs for disabilities, depending on severity.
On Rehabilitation measures, the Court said, Employment, education for dependents, and skill training for affected families must be ensured.
On Accountability for Contractual Work, the Court said Governments must hold contractors accountable for sewer deaths, including cancellation of contracts and blacklisting.
A comprehensive National survey of manual scavengers across the country to be completed within one year, it said.
On Centralized Portal, the Top Court said Creation of a digital dashboard to track sewer deaths, compensation disbursement, and rehabilitation measures.
About Coordination with Authorities, the Court said state and district-level committees should be set up and ensuring that vacant posts in commissions are promptly filled.
The Court stressed that governments must take their obligations seriously and enforce these measures without delay. The bench also approved a two-week timeline for the Union government to convene a meeting with stakeholders and file an affidavit detailing reasons for non-compliance.
“This is not just a legal obligation; it is a moral one,” Justice Dhulia remarked, reiterating that the Court’s intervention would continue until the issue is addressed comprehensively.
