Hyderabad: The Supreme Court on Wednesday, January 29, directed an immediate ban on manual scavenging and sewer cleaning services in six metropolitan cities including Hyderabad.
This decision follows after public interest litigation (PIL) was filed by Dr Balram Singh, who mentioned that key provisions of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, and the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, have not been implemented, despite the legal mandate.
SC orders compliance affidavits by Feb 13
The Supreme Court expressed dissatisfaction with the Union government’s lack of clarity regarding the eradication of manual scavenging and sewer cleaning services, stating that the affidavit filed by them failed to provide sufficient details on the issue.
In its order, the SC mandated that the Chief Executive Officers of Delhi, Mumbai, Chennai, Kolkata, Bengaluru, and Hyderabad submit an affidavit by February 13, outlining the steps to stop manual scavenging and sewer cleaning services in their respective cities.
At the outset, the Court voiced its frustration, saying it was “fed up” with issuing orders that remain unimplemented. “Can we say today that manual scavenging from today onwards is banned? We are directing. Either do it or face consequences,” LiveLaw quoted the SC bench.
456 districts free of manual scavenging, Delhi still non-compliant: Union’s affidavit
The Union government submitted a fresh affidavit revealing that out of 775 districts in India, 456 no longer have manual scavenging. However, when Justice Kumar inquired about the progress in Delhi, it was revealed that the city had not complied with the order.
This data presented by Additional Solicitor General of India, Aishwarya Bhati was disputed by Amicus Curiae and Senior Advocate K Parameshar who argued that the data was misleading.
He noted that many districts had not even constituted the mandated committees to oversee compliance, and some states had provided data before the committees were formed. Parameshar further pointed out that the National Survey of Manual Scavengers, which is crucial for assessing the situation, has yet to be completed.
Justice Dhulia remarked that filing false affidavits would lead to contempt charges. He also mentioned that the problem persists primarily in mainstream states, with certain northeastern states lacking sewer systems entirely.
Parameshar referenced the directions issued in the Court’s October 20 order, which called for the phased eradication of manual sewer cleaning services and the implementation of guidelines to ensure that no manual sewer cleaning work would require individuals to enter sewers in six metropolitan cities including Hyderabad.
He informed the Court that no such guidelines had been put in place yet.
377 people died while cleaning sewers in 5 years, claims minister
Advocate criticizes dangerous practice of sending people into small sewers
Senior Advocate Jayna Kothari, referring to the Union’s affidavit raised concerns about the practice of sending individuals into small sewers for cleaning services stating, “They have stated ‘motivated sewer entry professionals.’ Is this what we call humans who are being killed?” Bhati responded, noting that not all states are equipped to eradicate manual scavenging immediately, which is why the Court’s order aimed for a phased approach.
Justice Kumar added that unless manual scavenging is fully eradicated, individuals would continue to be forced into sewers, and any such work must provide proper safety equipment.
Kothari emphasized that while small towns might face challenges in providing proper equipment for manual scavengers, metropolitan cities including Hyderabad should not use that as an excuse for still using manual sewer cleaning services.
According to LiveLaw, Bhati mentioned that the Union government had proposed a model contract for contractors, which urban local bodies would be required to sign when outsourcing manual scavenging work.
