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Synopsis

The Madras High Court, in a significant recent order, directed that the manual scavenging must be fully eradicated at least in a phased manner maybe by the year 2026.

The bench of Chief Justice SV Gangapurwala and Justice Sathya Narayana Prasad observed that while manual scavenging may have been necessary in the past due to technological limitations, it is now entirely avoidable in 2024.

"Doing so is nothing less than State-sanctioned casteism in complete contravention of Constitutional ethos", said the bench while highlighting that a vast majority of Safai Karamcharis are from the oppressed classes.

Court emphasised that the stigma and social ostracism associated with manual scavenging lead to feelings of shame, low self-esteem, and psychological distress among the workers and the lack of alternative employment opportunities further perpetuates their socio-economic marginalization, trapping them in a vicious cycle of poverty and discrimination.

"Forcing a work upon a person as against his health, dignity and that of his family despite there being machinery available needs to be done away with. No bureaucratic redtape or claims of lack of funds can be an acceptable justification for not ensuring a life of health and dignity to the affected class of persons. This is nothing less than an extension of the notion of ritualistic purity and there needs to be a mind-shift change in the soul of the people," court said. 

It asserted that "the buck starts and stops with the State" and "the Court being a protector and guarantor of fundamental rights, cannot be a mute spectator in such cases and allow a generational condemnation of an oppressed class to a life of poverty, ill-health and indignity in complete disregard of their fundamental rights enshrined in Article 21 of the Constitution of India".

Court stressed that efforts to eradicate manual scavenging should be taken forthwith with a view to prioritize the protection of human rights, dignity, and well-being of those engaged in this hazardous work and this requires a multi-faceted approach that includes legislative reforms, social awareness campaigns, skill development programs, and alternative livelihood opportunities for manual scavengers.

"All-out efforts will have to be made to eradicate the manual scavenging and see that the same is replaced by machines. The Corporations/ Municipalities, it appears, are taking steps in that direction. However, the same has to be fructified to its optimum," said the bench. 

Therefore, court issued a slew of guidelines for authorities to consider and comply appropriately. These include that stringent actions are taken against those who engage or employ persons for manual scavenging and the authorities should ensure that clearing of sewer, septic tank, storm water drains etc. is completely mechanized.

Moreover, court directed that the compensation for the death fixed at Rs.30 lakh under G.O.Ms.No.5, Municipal Administration and Water Supply Department, dated 23.1.2024 may be increased once in three years.

Regarding the rehabilitation of the manual scavengers, court suggested that they must be provided employment in the Group-IV posts according to their qualification by the Government.

Apart from that, court underscored some deterrent action that should be taken in respect of cases of manual scavenging as well. Court said that filing FIRs only against the contractors is not sufficient, the FIR should be lodged against the head of the local body in question may be the Panchayat, Municipalty, Municipal Corporation etc.

Court pointed out that currently, FIRs are being filed only in cases of deaths and most of the time, the heads of the local bodies get away scot-free in such matters. 

In the event of any death or disability occurring in the course of manual scavenging, court directed that the FIR should be lodged against:

i. Commissionere- Death within a City Municipal Corporation

ii. Municipal Commissioner – Death within a Municipality

iii. Commissioner of Panchayat Union – Death within a Panchayat.

While expressing hope that its guidelines are scrupulously followed by the respondent authorities, court ordered the matter to be placed before it next on August 5, 2024. 

The guidelines came in a PIL filed in the year 2017. 

Case No: W.P.Nos.17380 of 2017 and connected matters