Noting that manual scavenging is prima facie a contravention of human rights and the right to live with dignity enshrined by the Constitution, the Madras High Court has directed the Central and the State governments to ensure the implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
The First Bench of Chief Justice Indira Banerjee and Justice M. Sundar passed the order on a PIL moved by Safai Karmachari Andolan, a national movement for total eradication of manual scavenging.
“Section 7 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 bars persons from engagement or employment for hazardous cleaning of sewers and septic tanks,” the Bench said.
“Those engaging manual scavengers in violation of Sections 5, 6, and 7 of the said Act render themselves liable to penalty under sections 8 and 9 of the said Act.”
It was imperative that the respondent authorities immediately take steps to ensure that there was no contravention of Sections 5, 6, and 7 of the Act, it said.
Issuing notice to the Assistant Solicitor General representing the Centre and the government pleader of the State, the Bench said the Act clearly stated that any contract, agreement for the purpose of manual scavenging shall on the date of commencement of this Act be terminated and the same shall be void and inoperative and no compensation shall be payable there of.
The petition submitted that as per an RTI query, a total of 30 persons have lost their lives by manual scavenging in the districts of Chennai, Thiruvallur, Cuddalore, Madurai, Tiruchi, Villupuram, and Virudhunagar between January 1, 2014 and March 20 this year.
A survey conducted by the Tamil Nadu government on June 13, 2017 showed that there were 363 manual scavengers in the urban areas and none in rural areas, it claimed.
The petition expressed shock over the state government’s “unwillingness” to invest time and effort in identifying those involved in manual scavenging and rehabilitate them.
30 persons died
Relying on a RTI reply, the petitioner submitted that between January 1, 2014, and March 20, 2017, as many as 30 persons engaged for manual scavenging in Chennai, Thiruvallur , Cuddalore, Madurai, Tiruchi, Villupuram, and Virudhunagar districts lost their lives.
Claiming that the governments were unwilling to invest time and effort in identifying families involved in manual scavenging and rehabilitating them, the petitioner said, “Deaths can be stopped only if people stop entering sewers and septic tanks.”
The petitioner wanted the court to pass directions to the Union and the State government forbearing them from engaging manual scavengers directly or indirectly and to immediately lodge FIRs and initiate criminal proceedings against all persons suspected of engaging manual scavengers.
Admitting the plea, the Bench directed the authorities to file its counter-affidavit by August 21.
