The Supreme Court has taken steps towards preventing the employment of manual scavengers in India by directing the Secretary of Department of Social Justice and Empowerment to organize a meeting with all relevant State and Union Territory secretaries. The meeting will discuss various aspects related to this issue and will take place at the earliest possible opportunity. The Court has also asked the Amicus Curiae and Additional Solicitor General to provide possible discussion points for the meeting.
This decision came in response to a plea seeking measures to curb the hiring of manual scavengers in the country. The Safai Karamchari Andolan judgment had previously issued guidelines for rehabilitating manual scavengers, but more action is needed to fully address this problem. The Court will continue to monitor progress in this area at future hearings.
The Supreme Court was considering a plea to stop the hiring of manual scavengers in India. In February, the Court had directed the Indian government to provide details of the measures taken to prevent the employment of manual scavengers under the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act 2013. The Court had also asked for information on the steps taken to comply with the guidelines issued in the 2014 Safai Karamchari Andolan And Others vs. Union of India And Others judgment.
The Safai Karamchari Andolan And Others judgment had laid down various guidelines for the rehabilitation of manual scavengers, such as providing cash assistance, scholarships for their children, residential plots, livelihood skill training, monthly stipends, concessional loans, and more. The judgment also prescribed minimum compensation in cases of sewer deaths and directed the Indian Railways to stop manual scavenging on tracks.
Advocate K Parameshwar, Amicus Curiae, informed the bench during today's hearing that the Indian Railways had employed cleaners for "insanitary latrine" while using protective gear, which he argued falls outside the definition of manual scavenging under the law.
He pointed out that while the Act prohibits the engagement of manual scavengers on railway tracks, it allows for their employment under certain rules. However, this goes against the purpose of the Dry Latrines Act and earlier judgments, which sought to promote mechanized cleaning.
The Amicus Curiae further stated that the Indian Railways was the "biggest culprit" in this case. During the previous hearing, the Court had asked for information on the status of Dry Latrines and Safai Karamcharies in Cantonment Boards and Railways, as well as the nature of their employment, whether direct or indirect through contractors.
During the hearing, the Bench raised concerns about some States not forming the committees as per the Court's earlier direction and asked Additional Solicitor General Aishwarya Bhati for possible solutions. The Court also directed the Indian Railways to file a specific affidavit addressing the notifications issued on June 4, 2014 and October 3, 2014. The Bench instructed Ms. Bhati to take instructions from the Railways regarding this matter. The next hearing is scheduled for April 19.
Case: Dr.Balram Singh vs Union of India
TAGS: Supreme Court directive government social justice manual scavenging Amicus Curiae Additional Solicitor General meeting discussion points Indian Railways employment protective gear Dry Latrines Act Safai Karamcharies committees notification affidavit next hearing.
