New Delhi, Jan 30 (Representative) In a significant ruling, the Supreme Court on Wednesday issued strict directions prohibiting manual scavenging and manual sewer cleaning in six major metropolitan cities. The directive was issued in response to a writ petition seeking the complete eradication of manual scavenging in India.A bench, comprising Justices Sudhanshu Dhulia and Aravind Kumar, observed that the comprehensive affidavit filed by the Union government lacked “clarity” on the steps taken for eradicating manual scavenging and sewer cleaning. “Therefore, we hereby order that manual sewer cleaning and manual scavenging shall be stopped in all top metropolitan cities, namely Delhi, Mumbai, Chennai, Kolkata, Bengaluru, and Hyderabad,” the court declared. The bench further directed the Chief Executive Officers (or equivalent officials) of these cities to file precise affidavits detailing how and when manual scavenging and sewer cleaning will be entirely halted. The affidavits are to be submitted no later than February 13. The Public Interest Litigation (PIL), filed by Dr Balram Singh, highlighted that 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, remain largely unimplemented despite statutory mandates.Expressing its frustration, the court remarked, “Can we say it today that manual scavenging is banned from this day onwards? We are fed up with passing orders that remain academic. Either comply or face consequences. “The same bench had earlier directed the Union government to convene a meeting with the Central Monitoring Committee and state stakeholders to assess compliance with its October 20, 2023, order. The Union was required to submit a status report, which the court found “not encouraging. “During the hearing, the Union submitted a fresh affidavit stating that out of the country’s 775 districts, 456 no longer have manual scavenging. However, when questioned about Delhi’s compliance, it was revealed that the city had not met the court’s directive.
Senior Advocate K Parameshwar, acting as amicus curiae, contended that the data presented was “erroneous” as many districts had not even constituted the mandated committees. He noted that some states provided outdated data. Justice Dhulia warned that false affidavits would be treated as contempt of court. The bench emphasized that the problem persists primarily in “mainstream states” rather than regions with no sewer systems, such as certain northeastern states.The court was informed that despite earlier directions, the Union has yet to frame guidelines to ensure manual sewer cleaning is eradicated. Advocate Jayna Kothari highlighted cases where individuals are compelled to enter sewers due to inadequate infrastructure, describing it as a “grave human rights violation. “She quoted the Union’s reference to “motivated sewer entry professionals” and criticized it, stating, “Is this how we describe humans who are being killed?” In response, Justice Kumar asserted that unless manual scavenging is fully eradicated, individuals will continue to be forced into unsafe sewer cleaning jobs. He emphasized the need for adequate equipment for those compelled to perform such tasks.The court underscored that while small towns may face challenges in fully eradicating manual scavenging, metropolitan cities cannot use such excuses. To address the issue, the Union informed the court that it has developed a model contract for urban local bodies, requiring contractors to ensure no individual is compelled to enter sewers manually.