Observing that much needed to be done, the Supreme Court on Wednesday directed the Centre to file an action taken report on the compliance of its direction for ensuring manual sewer cleaning was completely eradicated in a phased manner. A Bench of Justices Sudhanshu Dhulia and Aravind Kumar asked additional solicitor general Aishwarya Bhati, appearing for the Centre, to call a meeting of the Central Monitoring Committee with all the stakeholders within two weeks.
The Committee reviews the implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (MS Act, 2013). "The order passed by the court (in 2023) said that considering the development of technology, it was entirely possible to eradicate manual scavenging and employment of labour for sewer cleaning. This has not been done. From the report, it appears that much needs to be done," the Bench said.
Senior advocate K Parameshwar, who is assisting the SC as Amicus Curiae, submitted that 40 deaths occurred due to sewer cleaning and cleaning septic tanks in 2024 but no FIR was filed. He flagged most of the committees as mandated under the Act were not in place, and pointed out noncompliance of the laws. The matter would come up in January, 2025.
Observing a large segment of India’s population, involved in manual scavenging, had remained unheard and muted, in bondage and systematically trapped in inhumane conditions, the top court in 2023 directed the Centre and states to take appropriate measures, to ensure that manual sewer cleaning was completely eradicated in a phased manner.
The SC had asked the Centre to issue guidelines and directions that any sewer-cleaning work outsourced or required to be done by, or through contractors or agencies, did not require individuals to enter sewers. The SC directed that Governments pay Rs 30 lakh compensation to the next of kin of those who died while cleaning sewers.
It directed all States and Union Territories to make sure all departments, agencies and corporations ensured the guidelines framed by the Centre were incorporated in their guidelines.
The SC had directed in the case of sewer victims suffering from disability, the minimum compensation won’t be less than Rs 10 lakh. If the disability rendered the victim economically helpless, the compensation should not be less than Rs 20 lakh, it said.