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Synopsis

The Delhi High Court on Tuesday issued a notice to the Central government on a public interest litigation (PIL) petition challenging the constitutional validity of laws permitting manual scavenging and cleaning of sewers and septic tanks.

The division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora ordered the government to respond to the plea within eight weeks and scheduled further consideration of the case for July 4.

The PIL, filed by one Kallu, a sewer/septic tank cleaner whose brother died while cleaning sewage, challenges various Sections of the Manual Scavenging Act, 2013, and associated rules. Kallu's petition seeks rehabilitation for workers and their families engaged in sewage/septic cleaning, alleging that existing provisions still allow manual scavenging and perpetuate untouchability, violating constitutional provisions.

Advocate Pawan Reley, representing Kallu, argued that the Act and Rules fail to fully prohibit manual scavenging and create artificial classifications, depriving workers of benefits.

The PIL contends that these provisions discriminate against daily wage and temporary workers, violating their right to life with dignity as enshrined in the Constitution.

The petition also challenges Section 39 of the Act, which grants the Central government power to exempt and permit manual scavenging for six months, asserting that it undermines the Act's objectives.

The plea calls for a direction to rehabilitate workers and their families, emphasizing the need to eradicate manual scavenging and ensure equal protection under the law.

Case Title: Kallu v. Union of India & Anr.