Supreme
Court on 27 March 2014 directed all the States and Union
Territories to implement Prohibition of Employment
as Manual Scavengers and their Rehabilitation Act, 2013.
The three-judge Bench
comprised of Chief Justice P Sathasivam, Justice Ranjan Gogoi and Justice N V
Ramana ordered a series of directions to abolish the practice of manual scavenging
and to prevent future generations from this inhuman practice. The Apex court also deprecated the practice
of manually removing night soil with bare hands, brooms or metal scrappers.
Directions issued by Supreme Court
The
Supreme Court issued a slew of directions for rehabilitation of those involved
in manual scavenging by providing cash assistance, education and benefits of
other social welfare scheme.
•
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 rehabilitation period. Besides, one adult member of the family is given
subsidy or concessional loan for taking up an alternative occupation.
•
To address sewer deaths, it suggested that entering sewer lines without safety
gears should be made a crime even in emergency situations. And for such death,
a compension of 10 lakh rupees should be given to the family of the died.
•
The people who were employed as scavengers should be allotted residential plots
or constructed houses or money for such construction according to their
eligibility and willingness.
•
Persons released from manual scavenging should not have to cross hurdles to
receive what is their legitimate due under the law.
•
Safai karamchari women should be provided support for dignified livelihood in
accordance with their choice of livelihood schemes.
•
The Railways should take time-bound strategy to end manual scavenging on the
tracks and persons released from manual scavenging should not have to cross
hurdles to receive what is their legitimate due under the law.
Background
The
direction of the Supreme Court came in the backdrop of writ petition filed by
the Safai Karamchari Andolan. In the writ petition it was argued that Manual
scavengers are considered as untouchables by the mainstream castes and
discriminated them socially. Besides, it also argued that dry latrines have not
only continued to exist till date in several States but also have increased to
96 lakh. Still these are being cleaned manually by scavengers belonging to the
Scheduled Castes.