SC bans mannual scavenging in 6 cities including Delhi, Mumbai

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SC bans mannual scavenging in 6 cities including Delhi, Mumbai

Thursday, 30 January 2025 | Pioneer News Service | New Delhi

The Supreme Court on Wednesday passed directions banning manual scavenging and manual sewer cleaning in six metropolitan cities – Delhi, Mumbai, Chennai, Kolkata, Bengaluru and Hyderabad-  in a writ petition seeking the eradication of manual scavenging in India. In its order, it stated that in the comprehensive affidavit filed by the Union, there is "no clarity" on the eradication of manual scavenging and sewer cleaning.

"Therefore, we hereby order manual sewer cleaning and manual scavenging shall be stopped in all top metropolitan cities as follows: Metropolitan city of Delhi, Mumbai, Chennai, Kolkata, Bengaluru, and Hyderabad," the order passed by Justices Sudhanshu Dhulia and Aravind Kumar.

The top court also directed the Chief executive officer (whatever name they are called in the respective cities) of each metropolitan city shall file a precise affidavit apprising as to how and when manual scavenging and sewer cleaning is stopped in the city. The affidavit shall be filed latest by February 13.

The Public Interest Litigation filed by Dr. Balram Singh raised the issues that pertinent provisions of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 as well as the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, remain unimplemented despite the mandate of the Statutes.

The Bench expressed orally that it is "fed up" with passing orders seeking compliance which remains "academic" in nature as there is no compliance. It said: "Can we say it today that manual scavenging from today onwards is banned?...We are fed up of order. We are directing. Either do it or face consequences."

Earlier, bench of Justices Sudhanshu Dhulia and Aravind Kumar on December 11, last year, directed the Union Government to call a meeting of the Central Monitoring Committee along with the respective States' stakeholders within 2 weeks to assess to what extent the compliance has been made to the main order dated October 20, 2023. Based on the October 20 order, the Union was to file a status report. However, the Court noted the report was "not encouraging at all".

The data was presented by Additional Solicitor General Aishwarya Bhati. Amicus curiae and Senior Advocate K. Parameshar on the data contended that it presents an "erroneous" picture as in some of these districts, the Committee mandated by the law has not even been constituted. Some States have given data prior to the constitution of the Committees. He added that the Central Committee had met latest October 19, 2024, where States and UTs were advised to constitute a committee and conduct a fresh survey National Survey of Manual Scavengers. This survey is yet to be completed.

Justice Dhulia orally remarked that "if they are filing false affidavits, they are in contempt straight away". There are States especially North-eastern States, where there is no sewer system, he pointed out.

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