Supreme Court of India
SAFAI KARAMCHARI ANDOLAN & ORS.versusUNION OF INDIA & ORS.
- Citation
- 2014 INSC 212
- Decided
- 27 March 2014
- Disposal
- Disposed off
- Bench
- P SATHASIVAM
Holding
The 2013 Prohibition of Employment as Manual Scavengers and their Rehabilitation Act fully occupies the field of law on manual scavenging, obligating all States and Union Territories to implement its provisions and rendering further Supreme Court monitoring unnecessary.
Summary
The petitioners, a group of manual scavengers and NGOs, filed a public interest litigation under Article 32 seeking the eradication of manual scavenging and dry latrines, alleging violations of Articles 14, 17, 21 and 47 of the Constitution and the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. The Court examined the constitutional prohibition of untouchability, the inadequacy of the 1993 Act, and the need for effective implementation, noting that despite surveys and directives, the practice persisted. It highlighted India's obligations under international covenants such as the UDHR, CERD and CEDAW, and observed that the 2013 Prohibition of Employment as Manual Scavengers and their Rehabilitation Act supersedes earlier legislation and provides a comprehensive framework for prohibition and rehabilitation. The Court directed all State Governments and Union Territories to fully implement the 2013 Act, including rehabilitation measures, compensation for sewer deaths, and monitoring mechanisms, and held that further Supreme Court monitoring is unnecessary. Finally, the Court disposed of the writ petition, allowing aggrieved persons to approach the appropriate authorities and the High Courts for relief.
Issues considered
- The practice of manual scavenging and existence of dry latrines violate Articles 14, 17, 21 and 47 of the Constitution.
- Whether the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 is being effectively implemented.
- The legal effect and scope of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 in relation to the 1993 Act.
- The applicability of international human rights covenants to the prohibition of manual scavenging in India.
- The appropriate forum and mechanism for enforcement and monitoring of the 2013 Act.
Legislation cited
- Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993
- Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013s. 11, s. 12, s. 13, s. 17, s. 18, s. 19, s. 20, s. 2(1)(d), s. 2(1)(e), s. 2(1)(g), s. 24, s. 25, s. 26, s. 27, s. 29, s. 30, s. 31, s. 33, s. 36, s. 37, s. 4, s. 5, s. 6, s. 7, s. 8, s. 9
- Protection of Civil Rights Act, 1955s. 7A
Subjects
manual scavengingdry latrinesuntouchabilityfundamental rightsArticle 17Article 14Article 21public interest litigationrehabilitationprohibition actimplementation of legislationinternational covenants
Judgment
[2014] 4 S.C.R. 197
SAFAI KARAMCHARI ANDOLAN & ORS. A
v.
UNION OF INDIA & ORS.
(Writ Petition (Civil) No. 583 of 2003)
MARCH 27, 2014
B
[P. SATHASIVAM, CJI, RANJAN GOGOi AND
N.V. RAMANA, JJ.)
PROHIBIT/ON OF EMPLOYMENT AS MANUAL
SCAVENGERS AND THEIR REHABILITATION ACT, 2013: C
Object of - Discussed.
CONSTITUTION OF IND/A, 1950: Articles 14, 17, 21
and 47 - Non-implementation of Employment of Manual
Scavengers and Construction of Dry Latrines (Prohitµtion) 0
Act, 1993 - PIL - Grievance of petitioner that manual
scavenging continues unabated and dry latrines continue to
exist notwithstanding the fact that 1993 Act was in force for
nearly tw~ decades - Writ petition inter alia, seeking for
enforcement of fundamental rights guaranteed under Articles E
14, 17, 21 and 47; complete eradication of Dry Latrines; and
for declaring the practice of manual scavenging and the
operation of Dry Latrines violative of the Constitution and the
1993 Act - Held: Due to effective intervention and directions
of the Supreme Court, the Government brought Prohibition F
of Employment as Manual Scavengers and their
Rehabilitation Act, 2013 for abolition of this evil and for welfare
of manual scavengers - In view of various provisions of 2013
Act and in the light of various orders passed by Supreme
Court from time to time, various directions passed for
rehabilitation of the manual scavengers and for welfare of their G
family and children - All the State Governments and the
Union Territories directed to fully implement the same and
take appropriate action for non-implementation as well as
197
H
198 SUPREME COURT REPORTS [2014] 4 S.C.R.
A violation of the provisions contained in the 2013 Act -
Inasmuch as the Act 2013 occupies the entire field, no further
monitoring required by the Supreme Court - However, duty
cast on all the States and the Union Territories to fully
implement and to take action against the violators - lnJuture,
B persons aggrieved to approach the authorities concerned at
the first instance and thereafter the High Court having
jurisdiction - Writ petition disposed of - Employment of
Manual Scavengers and Construction of Dry Latrines
(Prohibition) Act, 1993 -.Prohibition of Employment as Manual
c Scavengers and their Rehabilitation Act, 2013 - ss.2(1)(d), (e)
and (g).
/NTERNA TIONAL CONVENTIONS AND COVENANTS:
Binding effect of - Held: The provisions of the lntemational
Covenants, which have been ratified by India, are binding to
D the extent that they are not inconsistent with the provisions of
the domestic Jaw.
The instant writ petition was filed as a Public Interest
Litigation under Article 32 of the Constitution of India
E praying for issuance of a writ of mandamus to the
respondent-Union of India, State Governments and Union
Territories to strictly enforce the implementation of the
Employment of Manual Scavengers and Construction of
Dry Latrines (Prohibition) Act, 1993 inter alia, seeking for
F enforcement of fundamental rights guaranteed under
Articles 14, 17, 21 and 47 of the Constitution of India. The
relief sought by the petitioner was complete eradication
of Dry Latrines; to declare continuance of the practice of
manual scavenging and the operation of Dry Latrines
G violative of Articles 14, 17, 21 and 23 of the Constitution
and the 1993 Act; to direct the respondents to adopt and
implement the Act and to formulate detailed plans, on time
bound basis, for complete eradication of practice of
manual scavenging and rehabilitation of persons
H engaged in such practice; to direct Union of India and
SAFAI KARAMCHARI ANDOLAN & ORS. v. UNION 199
OF INDIA & ORS.
State Governments to issue necessary directives to A
various Municipal Corporations, Municipalities and Nagar
Panchayats (all local bodies) to strictly implement the
provisions of the Act and initiate prosecution against the
violators; and to file periodical Compliance Reports
pursuant to various directions issued by the Supreme B
Court.
Disposing of the writ petition, the Court
HELD: 1. The practice of untouchability in general
and of manual scavenging in particular was deprecated C
in no uncertain terms by Dr. B.R. Ambedkar, Chairman of
the Drafting Committee of the Constitution of India.
Accordingly, in Chapter Ill of the Constitution, Article 17
abolished untouchability. Article 17 of the Constitution
was initially implemented through the enactment of the D
Protection of Civil Rights Act, 1955 (formerly known as
the Untouchability (Offences) Act, 1955). Section 7A of the
said Act provides that whoever compels any person on
the ground of untouchability to do any scavenging shall
be deemed to have enforced a disability arising out of E
untouchability which is punishable with imprisonment.
While these constitutional and statutory provisions were
path breaking in themselves, they were found to be
inadequate in addressing the continuation of the
obnoxious practice of manual scavenging across the F
country, a practice squarely rooted in the concept of the
caste-system and untouchability. [Paras 5, 6) [209-F-G;
210-B·D]
2. Apart from the provisions of the Constitution, there
are various international conventions and covenants to G
which India 1is a party, which prescribe the inhuman
practice of manual scavenging. These are the Universal
Declaration of Human Rights (UDHR), Convention on
Elimination of Racial Discrimination (CERD) and the
Convention for Elimination of all Forms of Discrimination H
200 SUPREME COURT REPORTS [2014] 4 S.C.R.
A Against Women (CEDAW). These provisions of the
International Covenants, which have been ratified by
India, are binding to the extent that they are not
inconsistent with the provisions of the domestic law .
. [Para 7) [210-D-E; 212-A-B]
B 3. From 2003 till date, this writ petition was treated as
a continuing mandamus. Several orders have been
passed by this Court having far reaching implications.
The petitioners have brought to focus the non-adoption
of the Act by various States which led to ratification of
C the Act by State Assemblies (including the Delhi
Assembly which ratified the Act as late as in 2010). The
Union Government, State Governments as well as the
petitioners have filed affidavits from time to time as per
the directions of this Court and also as to the compliance
D of those orders. This Court has, on several occasions,
directed the Union and State Governments to take steps
towards the monitoring and implementation of th,e Act.
Various orders have gradually pushed the State
Governments to ratify the law and appoint Executive
E Authorities under the Act. Under the directions of this
Court, the States are obligated by law to collect data and
monitor the implementation of the Act. [Paras 8, 9) [212-
B-E]
4. Due to mounting pressure of this Court, in March,
F 2013, the Central Government announced a 'Survey of
Manual Scavengers'. The survey, however, was confined
only to 3546 statutory towns and did not extend to rural
areas. Even with this limited mandate, as per the
information with Petitioner No. 1, the survey has shown
G remarkably little progress. State records in the "Progress
Report of Survey of Manual Scavengers and their
Dependents" dated 27.02.2014 show that they have only
been able to identify a miniscule proportion of the number
of people actually engaged in manual scavenging. For
H instance, the petitioners, with their limited resources,
SAFA! KARAMCHARI ANDOLAN & ORS. v. UNION 201
OF INDIA & ORS.
have managed to identify 1098 persons in manual A ·
scavenging in the State of Bihar. The Progress Report
dated 27.02.2014 claims to have identified only 136. In the
State of Rajasthan, the petitioners have identified 816
manual scavengers whereas the Progress Report of the
State dated 27.02.2014 has identified only 46. The said B
data collected by the petitioners makes it abundantly
clear that the practice of manual scavenging continues
unabated. Dry latrines continue to exist notwithstanding
the fact that the 1993 Act was in force for nearly two
decades. States have acted in denial of the 1993 Act and c
the constitutional mandate to abolish untouchability.
[Paras 10, 11) [212-F-H; 213-A-C]
5. For over a decade, this Court issued various
directions and sought for compliance from all the States
and Union Territories. Due to effective intervention and D
directions of this Court, the Government of India brought
an Act .called "The Prohibition of Employment as Ma[lual
Scavengers and their Rehabilitation Act, 2013" for
abolition of this evil and for the welfare of manual
scavengers. The Act got the assent of the President on E
18.09.2013. The enactment of the said Act, in no way,
neither dilutes the constitutional mandate of Article 17 nor
does it condone the inaction on the part of Union and
State Governments under the 1993 Act. What the 2013
Act does in addition is to expressly acknowledge Article F
17 and Article 21 rights of the persons engaged in
sewage cleaning and cleaning tanks as well persons
cleaning human excreta on railway tracks. The Act has
been enacted to provide for the prohibition of
employment as manual scavengers, rehabilitation of G
manual scavengers and their families, and for matters
connected therewith or incidental thereto. Chapter I of the
Act inter alia provides for the definitions of "hazardous
cleaning", "insanitary latrine" and "manual scavenger"
as contained in Sections 2(1 )(d), (e) and (g) thereof H
•
202 SUPREME COURT REPORTS [2014] 4 S.C.R.
A respectively. Chapter II of the Act contains provisions for
Identification of Insanitary latrines. Chapter Ill of the Act
contains provisions for prohibition of insanitary latrines
and employment and engagement as manual scavenger.
Sections 8 and 9 of the Act provide for penal provisions.
B Chapter IV of the Act contains provisions with respect to
identification of manual scavengers in Urban and Rural
Areas and also provides for their rehabilitation. Chapter
V of the Act provides for the implementing mechanism.
Chapter VII of the Act provides for the establishment of
c Vigilance and Monitoring Committees. Chapter VIII of the
Act contains miscellaneous provisions. Section 33 of the
Act provides for duty of local authorities and other
agencies to use modern technology for cleaning of
sewers, etc. Section 36 of the Act provides that the
0 appropriate Government shall, by notification, makes
rules for carrying out the provisions of the Act within a
period not exceeding three months. Section 37 of the Act
provides that the Central Government shall, by
notification, publish model rules for the guidance and use
of the State Governments. [paras 12, 13] [213-C-F, G-H;
E 214-A-8, H; 215-A; 217-8, F; 219-8-C; 220-G; 223-C-D]
6. In view of various provisions of the 2013 Act and
also in the light of various orders of this Court, the
following directions were passed:- The persons included
F · in the final list of manual scavengers under Sections 11
and 12 of the 2013 Act, shall be rehabilitated as per the
provisions of Part IV of the 2013 Act, in the following
manner, namely:- (a) such initial, one time, cash
assistance, as may be prescribed; (b) their children shall
G be entitled to scholarship as per the relevant scheme of
the Central Government or the State Government or the
local authorities, as the case may be; (c) they shall be
allotted a residential plot and financial assistance for
house construction, or a ready-built house with financial
H assistance, subjec,t to eligibility and willingness of the
SAFAI KARAMCHARI ANDOLAN & ORS. v. UNION 203
OF INDIA & ORS.
manual scavenger as per the provisions of the relevant A
scheme; {d) at least one member of their family, shall be
given, subject to eligibility and willingness, training in
livelihood skill and shall be paid a monthly stipend during
such period; {e) at least one adult member of their family,
shall be given, subject to eligibility and willingness, B
subsidy and concessional loan for taking up an
alternative occupation on sustainable basis, as per the
provisions of the relevant scheme; {f) shall be provided
such other legal and programmatic assistance, as the
Central Government or State Government may notify in
this behalf. {ii) If the practice of manual scavenging has C
to be brought to a close and also to prevent future
generations from the inhuman practice of manual
scavenging, rehabilitation of manual scavengers will
need to include:- {a) Sewer deaths - entering sewer lines
without safety gears should be made a crime even in D
emergency situations. For each such death,
compensation of Rs. 10 lakhs should be given to the
family of the deceased. {b) Railways - should take time
bound strategy to end manual scavenging on the tracks.
{c) Persons released from manual scavenging should not E
have to cross hurdles to receive what is their legitimate
due under the law. {d) Provide support for dignified
livelihood to safai karamchari women in accordance with
their choice of livelihood schemes. {iii) Identify the
families of all persons who have died in sewerage work
{manholes, septic tanks) since 1993 and award F
compensation of Rs.10 lakhs for each such death to the
family members depending on them. {iv) Rehabilitation
must be based on the principles of justice and
transformation. [para 14] [223-E-H; 224-A-H; 225-A-C]
G
7. In the light of various provisions of the Act and the
Rules in addition to various directions issued by this
Court, all the State Governments and the Union
Territories are directed to fully implement the same and
take appropriate action for non-implementation as well as
H
204 SUPREME COURT REPORTS [2014] 4 S.C.R.
A violation of the provisions contained in the 2013 Act.
Inasmuch as the Act 2013 occupies the ~ntire field, no
further monitoring is required by this Court However, the
duty is cast on all the States and the Union Territories to
fully implement and to take action against the violators.
B Henceforth, persons aggrieved are permitted to approach
the authorities concerned at the first instance and
thereafter the High Court having jurisdiction. [para 15]
[225-D-F]
CIVIL ORIGINAL JURISDICTION : Under Article 32 of the
C Constitution of India.
Writ Petition (Civil) No. 583 of 2003.
WITH
Contempt Petition (C) No. 132 of 2012 in W.P. (C) No. 583 of
D 2003.
A. Mariarputham, AG, Paras Kuhad, R.K. Khanna, ASGs,
Dinesh Dwivedi, J.S. Attri, Ranjit Kumar, Rahul Verma, Manjit
Singh, Ajay Bansal, Saurabh Shyam, Shamshery, Krishna
E Sarma, AAGs, Nikhil Nayyar, Ambuj Agrawal, Akanksha,
Dhanajay Baijal, Jatinder Kumar Bhatia, Mukesh Verma,
Anuvrat Sharma, Jitin Chaturvedi, Vikas Bansal, M.N. Dasa,
Sushma Suri, Sunita Sharma, D.S. Mahra, Rajeev Kumar
Bansal, Mohan Prasad Gupta, S.K. Bajwa, Keshav Thakur, B.
Krishna Prasad, S.N. Terdal, C.D. Singh, Sakshi Kakkar,
F · Darpan Bhuyan, Vivekta Singh, Nupur Chaudhary, Tarjit Singh,
Kamal Mohan Gupta, Vinay Kuhar, Devendra Singh, Dheeraj
Gupta, Pardaman Singh, Kuldip Singh, Gaurav Yadav, Sunil
Fernandes, Astha Varma, lnsha Mir, Raghav Chactha, Asha G.
Nair, Abhishek Kumar Pandey, Bharat Sood, Amit Sharma,
G Milind Kumar, Gopal Singh, Ritu Raj Biswas, Chandan Kumar,
K. Enatoli Serna, Amit Kumar Singh, Aruna Mathur, Yusuf,
Arputham Aruna & Co., K.N. Madhusoodhana, Pragyan
Sharma, Heshu K., R. Sathish, G.N. Reddy, B. Debojit, M. Bala
Shivudu, Suryanarayana Singh, Pragati Neekhra, Hemaritika
H Wahi, Preeti Bhardwaj, Lagnesh Mishra, V.N. Raghupathy, A.
SAFAI KARAMCHARI ANDOLAN & ORS. v. UNION 205
OF INDIA & ORS.
Parikshit, Anil Shrivastav, Rituraj Biswas, Gopal Prasad, Sunit-.. A
S., V.G. Pragasam, S.J. Aristotle, Praburamasubramanian,
Balasubramanian, K.V. Jagdishvaran, G. Indira, Pawan Shree
Agrawal, Aniruddha P. Mayee, Anip Sachthey, Ashok Kumar
Singh, Sapam Biswajit Meitei, Khwairakpam Nobin Singh,
Shanthanu Singh, Riku Sarma, Navnit Kumar, Corporate Law B
Group, Rachana Joshi lssar, Ambreen Rasool, M.J. Paul, A.
Subhashini, Anil Katiyar, Avijit Bhattacharjee, Bharat Sangal,
C.N. Sree Kumar, Devendra Singh, G. Prakash, H.S. Parihar,
K.J. John, K.K. Gupta, Ranjan Mukherjee, Ravindra Kumar,
K.K. Mani, M.C. Dhingra, Madhu Sikri, Manoj Swarup & Co., c
Naresh K. Sharma, Parijat Sinha, P. Narasimhan, Pradeep
Misra, Prem Sunder Jha, R.N. Keshwani, Shrish Kumar Mishra,
T.V. Ratnam, C.M. Chopra, Anil Nag, R. Ayyam Perumal, K.R.
Sasiprabhu, Shakil Ahmed Syed, S. Rajappa, B.K. Stija,
Ramesh Babu M.R., Ghanshyam Joshi, Tarun Johri, Varinder 0
Kumar Sharma, Rajan Narain, Dr. Kailash Chand, Rajesh
Srivastava, S. Chandra Shekhar, Mohanprasad Meharia, Ajay
Sharma, T. Mahipal, Sumita Hazarika, Amit Kumar, Ravindra
Keshavrao Adsure, Susmita Lal, Abhisth Kumar, Praneet
Ranjan, Shibashish Misra, Ansar Ahmad Chaudhary, Rauf E
Rahim, T.V. George, Praveen Chaturvedi, Ajay Pal, R.
Gopalakrishnan, Bina Madhavan, Abhishek Choudhary, Arvind
Kumar Sharma for the appearing parties.
The Judgment of the Court was delivered by
F
P. SATHASIVAM, CJI. 1. The above writ petition has
been filed by the petitioners as a Public Interest Litigation under
Article 32 of the Constitution of India praying for issuance of a
writ of mandamus to the respondent-Union of India, State
Governments and Union Territories to strictly enforce the G
implementation of the Employment of Manual Scavengers and
Construction of Dry Latrines (Prohibition) Act, 1993 (in short
'the Act'), inter alia, seeking for enforcement of fundamental
rights guaranteed under Articles 14, 17, 21 and 47 of the
Constitution of India.
H
206 SUPREME COURT REPORTS [2014) 4 S.C.R.
A 2. Brief facts:
(i) The inhuman practice of manually removing night soil
which involves removal of human excrements from dry toilets
with bare hands, brooms or metal scrappers; carrying
excrements and baskets to dumping sites for disposal is a
8
practice that is still prevalent in many parts of the country. While
the surveys conducted by some of the petitioner- organizations
estimate that there are over 12 lakh manual scavengers
undertaking the degrading human practice in the country, the
C official statistics issued by the Ministry of Social Justice and
Empowerment for the year 2002-2003 puts the figure of
identified manual scavengers at 6,76,009. Of these, over 95%
.are Dalits (persons belonging to the scheduled castes), who
are compelled to undertake this denigrating task under the garb
of "traditional occupation". The manual scavenge_rs are
D considered as untouchables by other mainstream castes and
are thrown into a vortex of severe social and economic
exploitation.
(ii) The sub-Committee of the Task Force constituted by
E the Planning Commission in 1989 estimated that there were
72.05 lakhs dry latrines in the country. These dry latrines have
not only continued to exist till date in several States but have
increased to 96 lakhs and are still being cleaned manually by
scavengers belonging to the Scheduled Castes.
F (iii) National Scheduled Castes and Scheduled Tribes
Finance and Development Corporation was set up in February,
1989 as a Government company to provide financial assistance
to all the Scheduled Castes and Scheduled Tribes including
Safai Karamcharis for their economic development.
G
(iv) The Government of India formulated a Scheme known
as 'Low Cost Sanitation for Liberation of Scavengers' which is
a centrally sponsored Scheme being implemented in 1989-90
for elimination of manual scavenging by converting existing dry
H latrines into low cost water pour flush latrines and also for
SAFAI KARAMCHARI ANDOLAN & ORS. v. UNION 207
OF INDIA & ORS. [P. SATHASIVAM, CJI.]
construction of new sanitary latrines. A
(v) With a view to eliminate manual scavenging, a Scheme
known as 'National Scheme of Liberation and Rehabilitation of
Scavengers and their Dependents' was launched in March
1992 for identification, liberation and rehabilitation of B
scavengers and their dependents by providing alternative
employment after giving the requisite training.
(vi) Based on earlier experience and keeping in view the
recommendations of the National Seminar on Rural Sanitation
held in September 1992, a new strategy was adopted by the C
Government of India in March 1993. The emphasis was now
on providing sanitary latrines including the construction of
individual sanitary latrines for selected houses below the poverty
line with subsidy of 80% of the unit cost of Rs.2,500/-.
D
(vii) In the year 1993, the Parliament enacted the
Employment of Manual Scavengers and Construction of Dry
Latrines (Prohibition) Act, 1993 and it received the assent of
the President on 5th June, 1993. The long title of the Act
describes it as an Act to provide for the prohibition of E
employment of manual scavengers as well as construction or
continuance of dry latrines and for the regulation of construction
and maintenance of water-seal latrines and for matters
connected therewith or incidental thereto.
(viii) The Act, which was enacted in June 1993, remained F
inoperative for about 3% years. It was finally brought into force
in the year 1997. In the first instance, the Act applied to the
States of Andhra Pradesh, Goa, Karnataka, Maharashta,
Tripura and West Bengal and to all the Union Territories. It was
expected that the remaining States would adopt the Act G
subsequently by passing appropriate resolution under Article
252 of the Constitution. However, as noted by the National
Commission for Safai Karamcharis-a statutory body, set up
under the National Commission for Safai Karamcharis Act,
1993, in its 3rd and 4th Reports (combined) submitted to the H
208 SUPREME COURT REPORTS [2014] 4 S.C.R.
A Parliament, noted that the 1993 Act was not being implemented
effectively and further noted that the estimated number of dry
latrines in the country is 96 lakhs and the estimated number of
manual scavengers identified is 5,77,228. It further noted that
manual scavengers were being employed in the military
8 engineering works, the army, public sector undertakings, Indian
Railways etc.
(ix) In 2003, a report was submitted by the Comptroller and
Auditor General (CAG) which evaluated the 'National Scheme
for Liberation and Rehabilitation of Scavengers and their
C Dependents'. The conclusion of the report was that this
Scheme "has failed to achieve its objectives even after 10 years
of implementation involving investment of more than Rs. 600
crores". It further pointed out that although funds were available
for implementation of the Scheme, much of it were unspent or
D underutilized. The Committees set up for monitoring the
Scheme were non-functional. It further noted that there was "lack
of correspondence between 'liberation' and 'rehabilitation' and
that "there was no evidence to suggest if those liberated were
in fact rehabilitated". It concluded that "the most serious lapse
E in the conceptualization and operationalization of the Scheme
was its failure to employ the law that prohibited the
occupation ... the law was rarely used".
(x) In December, 2003 the Safai Karamchari Andolan
F along with six other civil society organizations as well as seven
individuals belonging to the community of manual scavengers
filed the present writ petition under Article 32 of the Constitution
on the ground that the continuation of the practice of manual
scavenging as well as of dry latrines is illegal and
G unconstitutional since it violates the fundamental rights
guaranteed under Articles 14, 17, 21 and 23 of the Constitution
of India and the 1993 Act.
3. We have heard the arguments advanced by learned
counsel for the parties and perused the records.
H
SAFAI KARAMCHARI ANDOLAN & ORS. v. UNION 209
OF !NOIA & ORS. [P. SATHASIVAM, CJI.]
Relief sought for: A
4. The petitioners have approached this Court by way of
writ petition in 2003, inter alia, seeking:
(i) to ensure complete eradication of Dry Latrines;
B
(ii) to declare continuance of the practice of manual
scavenging and the operation of Dry Latrines
violative of Articles 14, 17, 21 and 23 of the
Constitution and the 1993 Act;
(iii) to direct the respondents to adopt and implement
c
the Act and to formulate detailed plans, on time
bound basis, for complete eradication of practice
of manual scavenging and rehabilitation of persons
engaged in such practice;
D
(iv) to direct Union of India and State Governments to
issue necessary directives to various Municipal
Corporations, Municipalities and Nagar Panchayats
(all local bodies) to strictly implement the provisions
of the Act and initiate prosecution against. the E
violators; and
(v) to file periodical Compliance Reports pursuant to
various directions issued by this Court.
Discussion: F
5. The practice of untouchability in general and of manual
scavenging in particular was deprecated in no uncertain terms
by Dr. B.R. Ambedkar, Chairman of the Drafting Committee of
the Constitution of India. Accordingly, in Chapter Ill of the G
Constitution, Article 17 abolished untouchability which states as
follows:
'"Abolition of Untouchability: "Untouchability" is abolished
and its practice in any form is forbidden. The enforcement H
210 SUPREME COURT REPORTS [2014] 4 S.C.R.
A of any disability arising out of "Untouchability" shall be an
offence punishable in accordance with law."
6. Article 17 of the Constitution was initially implemented
through the enactment of the Protection of Civil Rights Act, 1955
(formerly known as the Untouchability (Offences) Act, 1955).
8
Section 7A of the said Act provides that whoever compels any
person on the ground of untouchability to do any scavenging
shall be deemed to have enforced a disability arising out of
untouchability which is punishable with imprisonment. While
C these constitutional and statutory provisions were path breaking
in themselves, they were found to be inadequate in addressing
the continuation of the obnoxious practice of manual scavenging
across the country, a practice squarely rooted in the concept
of the caste-system and untouchability.
D 7. Apart from the provisions of the Constitution, there are
various international conventions and covenants to which India
is a party, which prescribe the inhuman practice of manual
scavenging. These are the Universal Declaration of Human
Rights (UDHR), Convention on Elimination of Racial
E Discrimination (CERD) and the Convention for Elimination of
all Forms of Discrimination Against Women (CEDAW). The
relevant provisions of the UDHR, CERD and CEDAW are
hereunder:
"Article 1 of UDHR
F
All human beings are born free and equal in dignity and
rights. They are endowed with reason and conscience and
should act towards one another in spirit of brotherhood.
G Article 2(1 l of UDHR
Everyone is entitled to all the rights and freedom set forth
in this Declaration, without distinction of any kind, such as
race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other
H
SAFA! KARAMCHARI ANDOLAN & ORS. v. UNION 211
OF INDIA & ORS. [P. SATHASIVAM, CJI.]
status. A
Article 23(3) of UDHR
Everyone who works has a right to just and favourable
remuneration enduring for himself and his family an
existence worthy of human dignity and supplemented, if B
necessary, by other means of social protection."
"Article 5(a) of CEDAW
States Parties shall take all appropriate measures
c
a) to modify the social and cultural patterns of conduct of
men and women, with a view to achieving the elimination
of prejudices and customary and all other practices which
are based on the idea of the inferiority or the superiority
of either of the sexes or on stereotyped roles for men and D
women.
Article 2 of CERD
Article 2(1)(c)
E
States parties condemn racial discrimination and
undertake to pursue by all appropriate means and without
delay a policy of eliminating racial discrimination in all its
forms and promoting understanding among all races, and
to his end: F
(c) each State party shall take effective measures to review
governmental, national and local policies, and to amend,
rescind or nullify any laws and regulations which have the
effect of creating on perpetuating racial discrimination G
wherever it exists;
(d) each State party shall prohibit and bring to an end, by
all appropriate means, including legislation as required by
circumstances, racial discrimination by any persons, group
H
212 SUPREME COURT REPORTS [2014] 4 S.C.R
A or organization "
The above provisions of the International Covenants, which have
been ratified by India, are binding to the extent that they are
not inconsistent with the provisions of the domestic law.
B 8. From 2003 till date, this writ petition was treated as a
continuing mandamus. Several orders have been passed by
this Court having far reaching implications. The petitioners have
brought to focus the non-adoption of the Act by various States
which led to ratification of the Act by State Assemblies
C (including the Delhi Assembly which ratified the Act as late as
in 2010). The Union Government, State Governments as well
as the petitioners have filed affidavits from time to time as per ·
the directions of this Court and also as to the compliance of
those orders.
D
9. This Court has, on several occasions, directed the Union
and State Governments to take steps towards the monitoring
and implementation of the Act. Various orders have gradually
pushed the State Governments to ratify the law and appoint
Executive Authorities under the Act. Under the directions of this
E Court, the States are obligated by law to collect data and
monitor the implementation of the Act.
10. Due to mounting pressure of this Court, in March, 2013,
the Central Government announced a 'Survey of Manual
F Scavengers'. The survey, however, was confined only to 3546
statutory towns and did not eXtend to rural areas. Even with this
limited mandate, as per the information with Petitioner No. 1,
the survey has shown remarkably little progress. State records
in the "Progress Report of Survey of Manual Scavengers and
G their Dependents" dated 27.02.2014 show that they have only
been able to identify a miniscule proportion of the number of
people actually engaged in manual scavenging. For instance,
the petitioners, with their limited resources, have managed to
identify 1098 persons in manual scavenging in the State of
H Bihar. The Progress Report dated 27.02.2014 claims to have
SAFAI KARAMCHARI ANDOLAN & ORS. v. UNION 213
OF INDIA & ORS. [P. SATHASIVAM, CJI.]
identified only 136. In the State of Rajasthan, the petitioners A
, have identified 816 manual scavengers whereas the Progress
Report of the State dated 27.02.2014 has identified only 46.
11. The aforesaid data collected by the petitioners makes
it abundantly clear that the practice of manual scavenging B
continues unabated. Dry latrines continue to exist
notwithstanding the fact that the 1993 Act was in force for nearly
two decades. States have acted in denial of the 1993 Act and
the constitutional mandate to abolish untouchability.
12. For over a decade, this Court issued various directions C
and sought for compliance from all the States and Union
Territories. Due to effective intervention and directions of this
Court, the Government of India brought an Act called "The
Prohibition of Employment as Manual Scavengers and their
Rehabilitation Act, 2013" for abolition of this evil and for the D
welfare of manual scavengers. The Act got the assent of the
President on 18.09.2013. The enactment of the aforesaid Act,
in no way, neither dilutes the constitutional mandate of Article
17 nor does it condone Jhe inaction on the part of Union and
State Governments under the 1993 Act. What the 2013 Act E
does in addition is to expressly acknowledge Article 17 and
Article 21 rights of the persons engaged in sewage cleaning
and cleaning tanks as well persons cleaning human excreta on
railway tracks.
F
13. Learned Additional Solicitor General has brought to
our notice various salient features of the Act which are as
under:-
(i) The above-said Act has been enacted to provide
for the prohibition of employment as manual G
scavengers, rehabilitation of manual scav~ngers
and their families, and for matters connected
therewith or incidental thereto.
(ii) Chapter I of the Act inter alia provides for the H
214 SUPREME COURT REPORTS [2014] 4 S.C.R.
A definitions of "hazardous cleaning", "insanitary
latrine" and "manual scavenger" as contained in
Sections 2(1 )(d), (e) and (g) thereof respectively.
(iii) Chapter 11 of the Act contains provisions for
Identification of Insanitary latrines. Section 4(1) of
B
the Act reads as under:
"4 - Local authorities to survey insanitary
latrines and provide sanitary community
latrines
c
(1) Every local authority shall,--
(a) carry out a survey of insanitary latrines existing
within its jurisdiction, and publish a list of such
insanitary latrines, in such manner as may be
D
prescribed, within a period of two months from the
date of commencement of this Act;
(b) give a notice to the occupier, within fifteen days
from the date of publication of the list under clause
E (a), to either demolish the insanitary latrine or
convert it into a sanitary latrine, within a period of
six months from the date of commencement of this
Act:
Provided that the local authority may for sufficient
F
reasons to be recorded in writing extend the said
period not exceeding three months;
(c) construct, within a period not exceeding nine
months from the date of commencement of this Act,
G such number of sanitary community latrines as it
considers necessary, in the areas where insanitary
latrines have been found."
(iv) Chapter Ill of the Act contains provisions for
H prohibition of insanitary latrines and employment
SAFAI KARAMCHARI ANDOLAN & ORS. v. UNION 215
OF INDIA & ORS. [P. SATHASIVAM, CJI.]
and engagement as manual scavenger. Sections A
5, 6 and 7 of the Act read as under:
"5 - Prohibition of insanitary latrines and employment
and engagement of manual scavenger
(1) Notwithstanding anything inconsistent therewith B
contained in the Employment of Manual Scavengers and
Construction of Dry Latrines (Prohibition) Act, 1993(46 of
1993), no person, local authority or any agency shall, after
the date of commencement of this Act,--
c
(a) construct an insanitary latrine; or
(b) engage or employ, either directly or indirectly, a manual
scavenger, and every person so engaged or employed
shall stand discharged immediately from any obligation,
0
express or implied, to do manual scavenging.
(2) Every insanitary latrine existing on the date of
commencement of this Act, shall either be demolished ,or
be converted into a sanitary latrine, by the occupier at his
own cost, before the expiry of the period so specified in E
clause (b) of sub-section (1) of section 4:
Provided that where there are several occupiers in relation
to an insanitary latrine, the liability to demolish or convert
it shall lie with,--
F
(a) the owner of the premises, in case one of the occupiers
happens to be the owner; and
(b) all the occupiers, jointly and severally, in all other cases:
G
Provided that the State Government may give assistance
for conversion of insanitary latrines into sanitary latrines to
occupiers from such categories of persons and on such
scale, as it may, by notification, specify:
Provided further that non-receipt of State assistance shall H
216 SUPREME COURT REPORTS [2014] 4 S.C.R.
A not be a valid ground to maintain or use an insanitary
latrine, beyond the said period of nine months
(3) If any occupier fails to demolish an insanitary latrine or
convert it into a sanitary latrine within the period specified
in sub-section (2), the local authority having jurisdiction over
B
the area in which such insanitary latrine is situated, shall,
after giving notice of not less than twenty one days to the
occupier, either convert such latrine into a sanitary latrine,
or demolish such insanitary latrine, and shall be entitled to
recover the cost of such conversion or, as the case may
c be, of demolition, from such occupier in such manner as
may be prescribed. '
6 - Contract, agreement, etc., to be void
D (1) Any contract, agreement or other instrument entered
into or executed before the date of commencement of this
Act, engaging or employing a person for the purpose of
manual scavenging shall, on the date of commencement
of this Act, be terminated and such contract, agreement
or other instrument shall be void and inoperative and no
E
compensation shall be payable therefor.
(2) Notwithstanding anything contained in sub-section (1 ),
no person employed or engaged as a manual scavenger
on a full-time basis shall be retrenched by his employer,
F but shall be retained, subject to his willingness, in
employment on at least the same emoluments, and shall
be assigned work other than manual scavenging.
7 - Prohibition of persons from engagement or
employment for hazardous cleaning of sewers and
G
septic tanks
No person, local authority or any agency shall, from such
date as the State Government may notify, which shall not
be later than one year from the date of commencement of
H
SAFAI KARAMCHARI ANDOLAN & ORS. v. UNION 217
OF INDIA & ORS. [P. SATHASIVAM, CJI.]
this Act, engage or employ, either directly or indirectly, any A
person for hazardous cleaning of a sewer or a septic tank."
(v) Sections 8 and 9 of the Act provide for penal
provisions which read as under:
8 - Penalty for contravention of section 5 or section B
6
Whoever contravenes the provisions of section 5 or
section 6 shall for the first contravention be punishable with
imprisonment for a term which may extend to one year or C
with fine which may extend to fifty thousand rupees or with
both, and for any subsequent contravention with
imprisonment which may extend to two years or with fine
which may extend to one lakh rupees, or with both.
D
9 - Penalty for contravention of section 7
Whoever contravenes the provisions of section 7 shall.for
the first contravention be punishable with imprisonment for
a term which may extend to two years or with fine which
may extend to two lakh rupees or with both, and for any E
subsequent contravention with imprisonment which may
extend to five years or with fine which may extend to five
lakh rupees, or with both.
(vi) Chapter IV of the Act contains provisions with F
respect to identification of manual scavengers in
Urban and Rural Areas and also provides for their
rehabilitation. Section 13 of the Act reads as under;
"13 - Rehabilitation of persons identified as manual
scavengers by a Municipality G
(1) Any person included in the final list of manual
scavengers published in pursuance of sub-section (6) of
section 11 or added thereto in pursuance of sub-section
(3) of section 12, shall be rehabilitated in the following H
218 SUPREME COURT REPORTS [2014] 4 S.C.R.
A manner, namely:--
(a) he shall be given, within one month,--
(i) a photo identity card, containing, inter alia, details of all
members of his family dependent on him, and
B
(ii) such initial, one time, cash assistance, as may be
prescribed;
(b) his children shall be entitled to scholarship as per the
relevant scheme of the Central Government or the State
c Government or the local authorities, as the case may be;
(c) he shall be allotted a residential plot and financial
assistance for house construction, or a ready-built house,
with financial assistance, subject to eligibility and
D willingness of the manual scavenger, and the provisions
of the relevant scheme of the Central Government or the
State Government or the concerned local authority;
(d) he, or at least one adult member of his family, shall be
E given, subject to eligibility and willingness, training in a
livelihood skill, and shall be paid a monthly stipend of not
less than three thousand rupees, during the period of such
training;
(e) he, or at least one adult member of his family, shall be
F given, subject to eligibility and willingness, subsidy and
concessional loan for taking up an alternative occupation
on a sustainable basis, in such manner as may be
stipulated in the relevant scheme of the Central
Government or the State Government or the concerned
G local authority;
(f) he shall be provided such other legal and programmatic
assistance, as the Central Government or State
Government may notify' in this behalf.
H
SAFAI KARAMCHARI ANDOLAN & ORS. v. UNION 219
OF INDIA & ORS. [P. SATHASIVAM, CJI.]
(2) The District Magistrate of the district concerned shall A
be responsible for rehabilitation of each manual scavenger
in accordance with the provisions of sub-section (1) and
the State Government or the District Magistrate concerned
may, in addition, assign responsibilities in his behalf to
officers subordinate to the District Magistrate and to B
officers of the concerned Municipality."
(vii) Chapter V of the Act provides for the implementing
mechanism. Sections 17 to 20 read as under:
17 - Responsibility of local authorities to ensure C
elimination of insanitary latrines
Notwithstanding anything contained in any other law for the
time being in force, it shall be the responsibility of every
local authority to ensure, through awareness campaign or D
in such other manner that after the expiry of a period of
nine months, from the date of commencement of this Act,-
(i) no insanitary latrine is constructed, maintained or used
within its jurisdiction; and E
(ii) in case of contravention of clause (i), action is taken
against the occupier under sub-section (3) of section 5.
18 - Authorities who may be specified for F
implementing provisions of this Act
The appropriate Government may confer such powers and
impose such duties on local authority and District
Magistrate as may be necessary to ensure that the
provisions of this Act are properly carried out, and a local G
authority and the District Magistrate may, specify the
subordinate officers, who shall exercise all or any of the
powers, and perform all or any of the duties, so conferred
or imposed, and the local limits within which such powers
or duties shall be carried out by the officer or officers so H
220 SUPREME COURT REPORTS [2014] 4 S.C.R
A specified.
19 - Duty of District Magistrate and authorised
officers
The District Magistrate and the authority authorised under
B section 18 or any other subordinate officers specified by
them under that section shall ensure that, after the expiry
of such period as specified for the purpose of this Act,--
(a) no person is engaged or employed as manual
c scavenger wittiin their jurisdiction;
(b) no one constructs, maintains, uses or makes available
for use, an insanitary latrine;
(c) manual scavengers identified under this Act are
D rehabilitated in accordance with section 13, or as the case
may be, section 16;
(d) persons contravening the provisions of section 5 or
section 6 or section 7 are investigated and prosecuted
E under the provisions of this Act; and
(e) all provisions of this Act applicable within his jurisdiction
are duly complied with.
20 - Appointment of inspectors and their powers
F
(1) The appropriate Government may, by notification,
appoint such persons as it thinks fit to be inspectors for
the purposes of this Act, and define the local limits within
which they shall exercise their powers under this Act. .. "
G (viii) Chapter VII of the Act provides for the
establishment of Vigilance and Monitoring
Committees in the following terms:
"24 - Vigilance Committees
H
SAFAI KARAMCHARI ANDOLAN & ORS. v. UNION 221
OF INDIA & ORS. [P. SATHASIVAM, CJI.]
(1) Every State Government shall, by notification, constitute A
a Vigilance Committee for each district and each Sub-
Division.
(2) Each Vigilance Committee constituted for a district shall
consist of the following members, namely:-- 8
(a) the District Magistrate--Chairperson, ex officio; ...
25 - Functions of Vigilance Committee
The functions of Vigilance Committee shall be--
c
(a) to advise the District Magistrate or, as the case may
be, the Sub-Divisional Magistrate, on the action which
needs to be taken, to ensure that the provisions of this Act
or of any rule made thereunder are properly implemented;
D
(b) to oversee the economic and social rehabilitation of
manual scavengers;
(c) to co-ordinate the functions of all concerned,agencies
with a view to channelise adequate credit for the
rehabilitation of manual scavengers;
E
(d) to monitor the registration of offences under,Jhis Act
and their investigation and prosecution.
26 • State Monitoring Committee F
(1) Every State Government shall, by notification, constitute
a State Monitoring Committee, consisting of the following
members, namely:--
(a) the Chief Minister of State or a Minister nominated by G
him--Chairperson, ex officio; ...
27 • Functions of the State Monitoring Committee
The functions of the State Monitoring Committee shall be-
H
222 SUPREME COURT REPORTS [2014] 4 S.C.R.
A (a) to monitor and advise the State Government and local
authorities for effective implementation of this Act;
(b) to co-ordinate the functions of all concerned agencies;
(c) to look into any other matter incidental thereto or
8 connected therewith for implementation of this Act.
*** *** ***
29 - Central Monitoring Committee
c (1) The Central Government shall, by notification, constitute
a Central Monitoring Committee in accordance with the
provisions of this section.
(2) The Central Monitoring Committee shall consist of the
D following members, namely:--
( a) The Union Minister for Social Justice and
Empowerment--Chairperson, ex officio; ...
30 - Functions of the Central Monitoring Committee
E·
The functions of the Central Monitoring Committee shall
be,--
(a) to monitor and advise the Central Government and
State Government for effective implementation of this Act
F and related laws and programmes; ...
31 - Functions of National Commission for Safai
Karamcharis
G (1) The National Commission for Safai Karamcharis shall
perform the following functions, namely:--
(a) to monitor the implementation of this Act;
(b) to enquire into complaints regarding contravention of
H the provisions of this Act, and to convey its findings to the
SAFAI KARAMCHARI ANDOLAN & ORS. v. UNION 223
OF INDIA & ORS. [P. SATHASIVAM, CJI.]
concerned authorities with recommendations requiring A
further action; and
(c) to advise the Central and the State Governments for
effective implementation of the provisions of this Act.
(d) to take suo motu notice of matter relating to non- B
implementation of this Act."
(ix) Chapter VIII of the Act contains miscellaneous
provisions. Section 33 of the Act provides for duty
of local authorities and other agencies to use c
modern technology for cleaning of sewers, etc.
Section 36 of the Act provides that the appropriate
Government shall, by notification, makes rules for
carrying out the provisions of the Act within a period
not exceeding three months. Section 37 of the Act 0
provides that the Central Government shall, by
notification, publish model rules for the guidance
and use of the State Governments.
14. We have already noted various provisions of the 2013
Act and also in the light of various orders of this Court, we issue E
the following directions:-
(i) The persons included in the final list of manual
scavengers under Sections 11 and 12 of the 2013 Act, shall
be rehabilitated as per the provisions of Part IV of the 2013 F
Act, in the following manner, namely:-
(a) such initial, one time, cash assistance, as
may be prescribed;
(b) their children shall be entitled to scholarship G
as per the relevant scheme of the Central
Government or the State Government or the
local authorities, as the case may be;
(c) they shall be allotted a residential plot and H
224 SUPREME COURT REPORTS [2014) 4 S.C.R.
A financial assistance for house construction,
or a ready-built house with financial
assistance, subject to eligibility and
willingness of the manual scavenger as per
the provisions of the relevant scheme;
B
(d) at least one member of their family, shall be
given, subject to eligibility and willingness,
training in livelihood skill and shall be paid a
monthly stipend during such period;
c (e) at least one adult member of their family,
shall be given, subject to eligibility and
willingness, subsidy and concessional loan
for taking up an alternative occupation on
sustainable basis, as per the provisions of
D the relevant scheme;
(f) shall be provided such other legal and
programmatic assistance, as the Central
Government or State Government may notify
in this behalf.
E
(ii) If the practice of manual scavenging has to be brought
to a close and also to prevent future generations from the
inhuman practice of manual scavenging, rehabilitation of
manual scavengers will need to include:-
F
(a) Sewer deaths - entering sewer lines without safety
gears should be made a crime even in emergency
situations. For each such death, compensation of
Rs. 10 lakhs should be given to the family of the
G deceased.
(b) Railways - should take time bound strategy to end
manual scavenging on the tracks.
· (c) Persons released from manual scavenging should
H
SAFAI KARAMCHARI ANDOLAN & ORS. v. UNION 225
OF INDIA & ORS. [P. SATHASIVAM, CJI.]
not have to cross hurdles to receive what is their A
legitimate due under the law.
(d} Provide support for dignified livelihood to safai
karamchari women in accordance with their choice
of livelihood schemes. B
(iii) Identify the families of all persons who have died in
sewerage work (manholes, septic tanks) since 1993 and award
compensation of Rs.10 lakhs for each such death to the family
members depending on them.
c
(iv) Rehabilitation must be based on the principles of
justice and transformation.
15. In the light of various provisions of the Act referred to
above and the Rules in addition to various directions Issued
0
by this Court, we hereby direct all the State Governments and
the Union Territories to fully implement the same and take
appropriate action for non-implementation as well as violation
of the provisions contained in the 2013 Act. Inasmuch as the
Act 2013 occupies the entire field, we are of the view that no
further monitoring is required by this Court. However, we once E
again reiterate that the duty is cast on all the States and the
Union Territories to fully implement and to take action against
the violators. Henceforth, persons aggrieved are permitted to
approach the authorities concerned at the first instance and
thereafter the High Court having jurisdiction. F
16. With the above direction, the writ petition is disposed
of. No order is required in the contempt petition.
D.G. Writ Petition disposed of.
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