Disposed

A.Nagarajan, S/O.Arumugam, v. the Union of India

Madras HC19 Dec 2022WP(MD)/24289/2016

Case brief

AI extract

What is this about?

Manual scavenging persisted despite statutory prohibition and official measures. The court disposed of three petitions with directions for strict enforcement, complete mechanisation of sewer and septic-tank cleaning, protective equipment, rehabilitation, awareness programmes and immediate payment of unpaid compensation to victims.

What did the court decide?

Directions for strict enforcement, mechanised cleaning, safety equipment, rehabilitation, awareness and forthwith payment of unpaid compensation to manual-scavenging victims.

A.Nagarajan, S/O.Arumugam, Vs the Union of India — Labour and Industrial Disputes | Madras HC (2022)

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WP (MD) No. 24289 of 2016

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Reserved on : 29.11.2022

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Pronounced on : 19.12.2022

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CORAM

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THE HONOURABLE MR. JUSTICE R. MAHADEVAN

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and

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THE HONOURABLE MR.JUSTICE J. SATHYA NARAYANA PRASAD

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Writ Petition (MD) No. 24289 of 2016 Writ Petition (MD) No. 21587 of 2017 Writ Petition (MD) No. 22880 of 2022

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WP (MD) No. 24289 of 2016

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A. Nagarajan Son of Arumugam General Secretary Adi Tamilar Peravai Flat No.6, Ezhilagam First Floor, Moovar Nagar Goundampalayam Coimbatore - 641 030 .. Petitioner

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Versus

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Union of India rep. by its Cabinet Secretary Union Secretariat New Delhi

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The Union of India

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https://www.mhc.tn.gov.in/judis

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rep. by its Secretary Ministry of Home Affairs Union Secretariat New Delhi 3. The Union of India rep. by its Secretary Ministry of Social Justice and Empowerment Union Secretariat New Delhi 4. The Union of India rep. by its Secretary Ministry of Urban Development Union Secretariat New Delhi 5. The Union of India rep. by its Secretary Ministry of Finance Union Secretariat Department of Financial Service New Delhi 6. The Union of India rep. by its Secretary Ministry of Panchayat Raj Union Secretariat New Delhi 7. The Union of India https://www.mhc.tn.gov.in/judis rep. by its Secretary

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Ministry of Public Health Department of Health Union Secretariat New Delhi

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The Union of India rep. by its Secretary Ministry of Public Health Department of Health Union Secretariat

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New Delhi

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The Chair Person Niti Aayog Yogana Bhawan Sansad Marg

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New Delhi - 110 001

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The Chair Person

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National Commission for Scheduled Castes 5th Floor, Lok Nayak Bhawan

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Khan Market, New Delhi - 110 003

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The Chair Person

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National Commission for Safai Karamcharis

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"B" Wing, 4th Floor

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Lok Nayak Bhawan

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Khan Market, New Delhi - 110 003

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The Managing Director

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National Safai Karamcharis Finance and

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https://www.mhc.tn.gov.in/judis Development Corporation

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B-2, Ground Floor & First Floor

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Greater Kailash Enclave Part-II

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New Delhi - 110 048

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The State of Tamil Nadu

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rep. by its Chief Secretary Secretariat, St. George Fort Chennai

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The State of Tamil Nadu rep. by its Principal Secretary

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Department of Social Justice and Empowerment

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St. George Fort

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Chennai

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The State of Tamil Nadu rep. by its Principal Secretary

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Department of Home Affairs

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St. George Fort

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Chennai

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The State of Tamil Nadu

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rep. by its Principal Secretary

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Department of Local Administration

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St. George Fort

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Chennai

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The State of Tamil Nadu

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rep. by its Principal Secretary

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Department of Social Justice and Empowerment

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https://www.mhc.tn.gov.in/judis St. George Fort

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Chennai

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The State of Tamil Nadu rep. by its Principal Secretary Department of Finance St. George Fort Chennai

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The Director General of Police Post Box No.601 Dr. Radhakrishnan Salai Mylapore, Chennai - 600 004

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The District Collector cum District Magistrate Madurai District Madurai

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The Commissioner Municipal Corporation Madurai

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The Superintendent of Police Municipal District Madurai

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The Commissioner of Police Madurai City Madurai

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Mr. Karthick Joint General Secretary

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https://www.mhc.tn.gov.in/judis

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Adi Tamilar Peravai No.293, LIC Colony K.K. Nagar, Madurai (R24 impleaded as per order dated 15.06.2017 in WMP (MD) No. 502 of 2017) 25. The Chair Person Central Monitoring Committee (Under the Prohibition of Employment as Manual Scavangers and their Rehabilitation Act 2013) Union Secretariat, New Delhi 26. The Chair Person State Monitoring Committee Secretariat, St. George Fort Chennai (RR25 and 26 are suo motu impleaded as per order dated 18.07.2017 made in WP (MD) No. 24289 of 2016) .. Respondents WP (MD) No. 21587 of 2017 Sahaya Philomin Raj Advocate No.5, Law Chambers Madurai Bench of Madras High Court Madurai - 625 023 .. Petitioner Versus

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The Principal Secretary to Government https://www.mhc.tn.gov.in/judis

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Municipal Administration & Water Supply Department Secretariat, Chennai - 600 009
2. The Regional Director Municipal Administration Palayamkottai
Tirunelveli - 627 002
3. The District Collector
Madurai District Collectorate
Madurai 625 020
4. The District Collector
Virudhunagar District Collector Office
Virudhunagar 626 002
5. The Corporation Commissioner Madurai Corporation
Madurai - 625 002	.. Respondents
WP (MD) No. 22880 of 2022
Ayyaa	.. Petitioner
Versus
1. The Principal Secretary to the Government Health and Family Welfare Department Fort St. George, Chennai - 600 009
2. The Secretary to the Government https://www.mhc.tn.gov.in/judis

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Rural Development and Panchayat Raj Department Fort St. George, Chennai - 600 009

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.. Respondents

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WP (MD) No. 24289 of 2016:- Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 17 to declare all Scavangers who are working in Corporation, Municipalities, Local Authorities, Railways, Panchayats, Cantonment Boards and all Government Sectors as Manual Scavengers and further direct the Respondents 1 and 13 to constitute the National Level and State Level Monitoring Committees and District Level Vigilance Committees as contemplated under the Prohibition of Employment of Manual Scavengers Act, 2013 (Act 25/2013) immediately and implement the said Act properly.

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WP (MD) No. 21587 of 2017:- Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus (i) to declare all the applicants for whom the petitioner's committee have submitted the filled in format as manual scavengers and to give them the identity card to indicate that they are manual scavengers, so that they would avail the rehabilitation as per the Act (ii) to establish the survey committee as well as the vigilant committee as per the Prohibition of Employment as manual scavengers and their Rehabilitation Act, 2013 (iii) to undertake the survey as per the Prohibition of the Employment of manual Scavenging and their rehabilitation Act, 2013 and to arrange for creating awareness among the scavengers and the responsible government staff who are supposed to implement the Act within a time frame fixed by this Court.

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WP (MD) No. 22880 of 2022:- Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the representation dated 11.04.2022 and to implement the rules prescribed under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.

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For Petitioner : Mr. S.M. Anantha Murugan For Respondents : Mr. P. Paul Pandi

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https://www.mhc.tn.gov.in/judis

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Senior Panel Counsel for RR1 to 8 & R25

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Mr. R. Murugappan for RR9 to 12

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Mr. G.V. Vairam Santhosh

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Additional Government Pleader

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for RR13 to 20, R22 and R23

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Mr. R. Murali for R21

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Mr. A. Rajini for R24

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For Petitioner : Mr. R. Karunanidhi

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For Respondents : Mr. G.V. Vairam Santhosh Additional Government Pleader for RR1 to 4

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Mr. B. Saravanan for R5

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For Petitioner : Mr. A. Ananda Raja For Respondents : Mr. G.V. Vairam Santhosh Additional Government Pleader for RR1 and 2

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COMMON ORDER

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R. MAHADEVAN, J.

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https://www.mhc.tn.gov.in/judis ‘Manual Scavenger’, a person engaged in or employed for manually

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carrying an excreta, is certainly an inhuman practice and against all cannons of human dignity. After evolution of law, the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 came to be enacted. Various decisions have been rendered by the Hon’ble Supreme Court as well as this Court on prohibition of ‘manual scavenging’. The Government authorities have also taken steps to implement the Act as well as Rules and the directions issued by the Courts from time to time. However, the menace of manual scavenging is still continuing. Such a situation has to be changed and the practice of manual scavenging has to be uprooted from the society. With this note, this Court proceeds with the issue involved in these writ petitions.

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All these three writ petitions are filed by the petitioners with prayers, which are inter-connected with each other. Therefore, they have been taken up for hearing together and are disposed of by this common order.

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The first writ petition namely WP (MD) No. 24289 of 2016 has been filed by the petitioner, as a pro-bono publico , praying to issue a Writ of Mandamus directing the respondents 1 to 17 to declare all Scavengers who are working in Corporation, Municipalities, Local Authorities, Railways, Panchayats, Cantonment Boards and all Government Sectors as Manual Scavengers and further direct the Respondents 1 and 13 to constitute the https://www.mhc.tn.gov.in/judis National Level and State Level Monitoring Committees and District Level 10/54

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Vigilance Committees as contemplated under the Prohibition of Employment of Manual Scavengers Act, 2013 (Act 25/2013) immediately and implement the said Act properly.

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The other writ petition being WP (MD) No. 21587 of 2017 has been filed to issue a Writ of Mandamus declaring that all the applicants for whom the petitioner's committee have submitted the filled in format as manual scavengers and to give them the identity card to indicate that they are manual scavengers, so that they would avail the rehabilitation as per the Act; to establish the survey committee as well as the vigilant committee as per the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 and to undertake the survey as per the said Act and to arrange for creating awareness among the scavengers and the responsible government staff who are supposed to implement the Act within a time frame fixed by this Court.

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The third Writ Petition being WP (MD) No. 22880 of 2022 is filed by the petitioner, a resident of Palayamkottai, Tirunelveli District, praying to issue a Writ of Mandamus directing the respondents to consider his representation dated 11.04.2022 and to implement the rules prescribed under

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https://www.mhc.tn.gov.in/judis

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the Prohibition of Employment as Manual Scavengers and their Rehabilitation

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Act, 2013.

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(i) The petitioner, in the affidavit filed in support of the writ petition, has referred to the fundamental rights guaranteed under Articles 14, 16 (1), 16 (4) and 17 of the Constitution of India. Referring to Article 17 of The Constitution, he stated that Untouchability which was prevailing prior to independence of the Country, came to be abolished by the framers of our Constitution. One of the reasons why untouchability prevailed before independence was that the people belonging to Scheduled Caste were engaged in manual scavenging and they were, therefore, treated as untouchable articles. As the people belonging to Scheduled Caste involved in cleaning human excrements, they were treated inhumanely by the people belonging to other castes and practiced untouchability. Taking note of the said situation, the Parliament enacted the Protection of Civil Rights Act, 1955 under which any person compelling another on the ground of untouchability, to do any scavenging, is deemed to have enforced a liability arising out of untouchability and declared the same to be an offence prohibited under Section 7-A. Notwithstanding the enactment of such a penal provision, the inhuman

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practice of untouchability continued in most parts of the Country. According https://www.mhc.tn.gov.in/judis

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to the petitioner, in various cases, the Honourable Supreme Court has interpreted Article 21 of the Constitution and has given wider definition to the term "right to live and personal liberty". The petitioner also referred to various definitions given by the Honourable Supreme Court to the term "traffic in human beings" and "forced labour" and submitted that the State has to ensure that an individual is not compelled to do manual scavenging which is against all canons of human dignity. Referring to Part IV of the Constitution of India, the petitioner would submit that it is the bounden duty of the State to enact appropriate laws in connection with matters enumerated under the Directive Principles of State Policy and cannot escape from its basic duty of enacting laws to achieve the constitutional goals.

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(ii) The petitioner placed reliance on the decision of the Honourable Supreme Court in Band-hua Mukti Morcha v. Union of India reported in 1984 (3) Supreme Court Cases 161 in which it was observed thus:-

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"It is the fundamental right of everyone in this country, assured under the interpretation given to Article 21 this Court in Francis Mullin's case--[1981] 1 SCC 608--to live with human dignity, free from exploitation. This right to live with human dignity enshrined in Article 21 derives its life breath from the Directive Principles of State Policy and particularly clauses (e) and (f) of Article 39 and Articles 41 and 42 and at the least, therefore, it must include protection of the health and strength of the workers, men and women, and of the tender age of children against abuse, opportunities and facilities for

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children to develop in a healthy manner and in conditions of freedom and dignity, educational facilities, just as humane conditions of work and maternity relief. These are the minimum requirements which must exist in order to enable a person to live with human dignity, and no State - neither the Central Government has the right to take any action which will deprive a person of the enjoyment of these basic essentials".

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(iii) The petitioner also referred to Articles 46 and 334 of the Constitution to drive home the point that the time limit fixed for removal of inequalities among the people by uplifting the status of SCs, STs and backward classes, has not been achieved by the State even after seventy years of independence. The Special Officer appointed under Article 338 has not been discharging duties properly as a result of which there is no substantial change in the standard of living of the backward classes (SCs, STs, and other Backward Classes). Due to lack of education and awareness about the hazards of manual scavenging, still, people are made to do manual scavenging for daily wage. Similarly, cleaning garbage, cleaning dry latrines manually etc., are continuing unabated inspite of the specific prohibition against the same. The Employment of Manual Scavengers and Construction of Dry Latrine (Prohibition) Act, 1993 still remains on paper and the enforcement of the provisions contained thereof is very poor. The Parliament also enacted the National Commission for Safai Karamcharis Act, 1993 and defined the term "safai karamcharis" as a person engaged in, or employed for, manually

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carrying human excreta or any sanitation work. This Act was enacted with the object of constituting a National Commission for Safai Karmacharis. Before enacting the National Commission for Safai Karmacharis Act, the Central Government set up National Scheduled Castes and Scheduled Tribes Finance Development Corporation, a Government Company registered under the Companies Act, with the object of providing financial assistance to the SC/STs and the underprivileged for their socio-economic development. However, there is no appreciable level of awareness among the persons belonging to SC/STs about the financial assistance given by the corporation.

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(iv) Referring to the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 to protect the rights of the persons belonging to Scheduled Caste and Scheduled Tribe and to prevent the commission of offences or atrocities against them, the petitioner would submit that the Act was subsequently amended and as per Sections 3 (h), 3 (i) and 3 (j) of the Act, any person, other than those belonging to SC and ST, who compels a member belonging to SC or ST to do forced labour or to dispose of or carry human or animal carcasses or dig graves to do manual scavenging or employs or permits employment of such member for such purpose, shall be punished with imprisonment for a term not less than six months with fine. Therefore, as per Section 3 (h), 3 (i) and 3 (j) of the Act, there is an express prohibition and bar for engaging persons belonging to SC/STs for the purpose https://www.mhc.tn.gov.in/judis

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of manual scavenging, but the prohibition contained therein has not been implemented in letter and spirit.

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(v) It is further stated that as per the Rule making powers conferred under Section 23 of the said Act, the Government framed SC/ST (Prevention of Atrocities) Rules, 1995. Rule 16 requires constitution of a High Power Vigilance and Monitoring Committee with not more than 25 members, consisting of the Chief Minister of the State, Home Minister, Finance Minister and others. Rule 17 of the said Rules requires constitution of a District Level Vigilance and Monitoring Committee to review the implementation of the Act. However, in the State of Tamil Nadu, the Government has neither constituted the State Level Vigilance and Monitoring Committee nor the District Level Committee. Further, under Rule 8, the Government shall set up a Scheduled Castes and Scheduled Tribes Protection Cell at the State Headquarters headed by the Director General of Police/Inspector General of Police to oversee the implementation of the Act at frequent intervals. But in the State of Tamil Nadu, the Government has not constituted such protection cell. Thus, the Act and Rules have not been implemented fully, as a result of which, the atrocities against the persons belonging to SC/ST is continuing unabated. Similarly, there is no effective prosecution of those who engage the members of SC/ST in manual scavenging.

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https://www.mhc.tn.gov.in/judis (vi) The petitioner, referring to Section 17 of the Act, states that the

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local authorities have to take steps for creating awareness about the ills of manual scavenging and in case insanitary latrine are in use, they have to be demolished. Under Section 19 of the Act, the District Magistrate and the authority under Section 18 shall ensure that no person is engaged as a manual scavenger within their jurisdiction. The prohibition of manual scavenging has been enacted with an avowed object to ensure that the members belonging to SC/ST enjoy a right to life with dignity as enshrined under the constitution. However, even after several decades of independence, the perils of manual scavenging could not be abolished. Even today, people are engaged for manual scavenging and several persons so engaged die due to toxins and inhaling of poisonous gases. Therefore, the petitioner sought appropriate direction to the respondents to ensure that manual scavenging is prohibited and the person who induces others to engage in manual scavenging, has to be prosecuted and punished.

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The third respondent has filed a counter affidavit in WP (MD) No.

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24289 of 2016 for and on behalf of the respondent Nos. 1 to 3 and 25th respondent herein. In the counter affidavit, it is submitted that the Honourable Supreme Court, in Safai Karamchari Andolan v. Union of India reported in (2014) 11 SCC 224, directed all the States/Union Territories to identify the https://www.mhc.tn.gov.in/judis families of those who died while undertaking sewage work in septic tanks and

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manholes since 1993 and to award compensation of Rs.10 lakhs for each of the deceased. Such directions were communicated to all the State Governments vide letters dated 31.03.2014 and 10.06.2016 for compliance. The respective State Governments are responsible for payment of compensation in all such cases and in so far as the State of Tamil Nadu is concerned, the respondent Nos. 1 and 3 and 25 have no role to play.

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A counter affidavit has been filed by the 21st respondent stating that the petitioner has sought for two fold relief in this writ petition. As far as the formation of committees in terms of the Act, the State and Central Government are competent authorities to form such committee in which the Corporation has no role to play. In terms of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, there is no provision for declaring all the scavengers as manual scavengers. The 21st respondent, as the Commissioner of Madurai Corporation, had taken all steps to implement the provisions in letter and spirit. It is further stated that manual scavenging is totally prohibited within the corporation limits and the Corporation is not engaging the services of any individual to do manual scavenging, which will be against the provisions of the said Act. Further, the Corporation is engaged in issuing advisories to public, not to engage any individual for manual https://www.mhc.tn.gov.in/judis scavenging. The Corporation has also conducted survey and prohibited all the

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manual scavengers engaged by the public. During the festival season, the corporation along with the District Administration is providing mobile toilets to ensure that there is no open defecation. That apart, the Corporation is also taking effective steps to prevent manual scavenging and initiate prosecution against the person, who indulges in such an act. As far as the incident narrated by the petitioner in para No.39 of the affidavit is concerned, which took place within a private building complex, a complaint was given by the Corporation against the person who engaged the individual for manual scavenging. The Corporation is only cleaning the underground drainage with the help of machineries and the individuals are not utilised for manual scavenging. Even any public who intends to clean the drainage channel or to clear the sewerage will be provided with the machinery at rates fixed by the executive council of the Corporation. As per G.O. Ms. No.106, Municipal Administration and Water Supply Department dated 01.09.2014, a Management Information System (MIS) has been created by the Engineering Section and operators of the machineries are provided with licence. Accordingly, the 21st respondent prayed for dismissal of the writ petition.

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9.(i) The learned counsel for the petitioner in WP (MD) No. 24289 of 2016 submits that the various Acts and Rules enacted to prohibit manual https://www.mhc.tn.gov.in/judis scavenging have not been implemented in letter and spirit, as a result of which,

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the menace of manual scavenging is still continuing. The learned counsel also invited the attention of this Court to the decision of the Honourable Supreme Court in Safai Karamchari Andolan and others v. Union of India and others reported in (2014) (3) CTC 77 which acknowledged that the Acts and Rules have not been implemented properly, despite the innumerable directions of the court. According to the petitioner, even this judgment of the Hon’ble Supreme Court has not been complied with the required sincerity. In support of this submission, the learned counsel brought to our notice the newspaper reports dated 11.07.2016 and 07.08.2016 to show that manual scavenging still continues and people belonging to the poor and downtrodden strata of the society still die due to such inhuman work. The scavengers are engaged to enter the drainage physically to remove the obstructions in the drainage pipeline or sewage line and clear the same using their hands.

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(ii) The learned counsel for the petitioner further submits that on 06.08.2016, one Solainathan was engaged to clean the drainage in an apartment at Kochadai, Madurai District and immediately after he entered the drainage septic tank, he died due to asphyxiation. Even though the Honourable Supreme Court directed payment of compensation of Rs.10 lakhs, the family members are yet to receive any monetary compensation for the death of Solainathan. According to the learned counsel, even though the death due to asphyxiation of Solainathan was brought to the notice of the Government, https://www.mhc.tn.gov.in/judis

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compensation amount is not paid to the family of the victim and it adds to the agony of the bereaved family. In the event of such death, even the Commission for Safai Karamcharis or the Commission for Scheduled Caste have not invoked their suo motu powers to ensure that the victims are paid compensation. The victims could not get compensation in view of the fact that the Central Monitoring Committee or the State Monitoring Committee or the District Level Vigilance Committees have not been constituted as required under the Act. In the absence of constitution of such committees, the family of the victims could not get the compensation and the person who engaged the victim for manual scavenging seldom gets prosecuted. The State Government must therefore constitute such committees, identify the victims and disburse the compensation amount of Rs.10 lakhs as has been directed by the Honourable Supreme Court in Safai Karamchari Andolan case mentioned supra.

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(i) Per contra, the learned Special Government Pleader

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appearing for the respondents would submit that the Government of Tamil Nadu issued G.O. Ms. No.293, Municipal Administration and Water Supply Department dated 26.11.2010 reiterating its 'zero tolerance' towards any violation of the ban imposed on manual scavenging, entry of sanitary workers https://www.mhc.tn.gov.in/judis into sewerage systems, including septic tanks. By the said Government Order,

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guidelines have been issued fixing responsibilities on the urban local bodies, Chennai Metropolitan Water Supply and Sewerage Board and the private contractors involved in maintenance of the sewers and septic tanks. Subsequently, a notification was issued vide G.O. Ms. No.40, Municipal Administration and Water Supply Department dated 05.03.2015 under Section 7 of the Prohibition of Employment of Manual Scavengers and their Rehabilitation Act. 2013.

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(ii) The learned Special Government Pleader further submits that WP No. 24403 of 2008 was filed before this Court in which certain directions were issued by this Court on 20.11.2008. Alleging non-compliance of the order dated 20.11.2008, a contempt petition No. 352 of 2009 came to be filed, in which, this court, by order dated 05.08.2009, constituted a 13 member Special Committee for effective implementation of the directions issued in the writ petition to prohibit manual scavenging. The Committee and the sub-committee met on various occasions and a status report was submitted on 24.11.2010. Subsequently, fresh directions were issued by this Court on 10.03.2015 reconstituting the special committee to submit a comprehensive report to this Court. The order passed by this Court has been implemented in letter and spirit. In Chennai City, mechanizing the cleaning operations of the sewerage system has been undertaken by the Chennai Metropolitan and Water Supply and Sewerage Board. The Board has so far procured 241 hydraulically https://www.mhc.tn.gov.in/judis

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operated De-silting machines and they are used for removing the silt from the man holes. Similarly, 125 numbers of Jet Rodding Machines are in use for removal of obstructions in the sewers. In addition, 29 numbers of Jetting-cumSuction Machines are in operation for flushing of sewers and sucking of sewage and silt from the manholes. Likewise, 43 numbers of Super Sucker Machines are pressed into service to suck sewage from the man holes. That apart, 100 sewer cleaning rods are available in each depot office of the Chennai Metropolitan Water Supply and Sewerage Board and these rods are used to remove obstructions in the sewer and house service connections. The Board is also utilising 340 numbers of Grab bucket equipments for removing silt accumulated in the shallow depth manholes in the sewerage system and they are operated from the top of the manhole without requiring any one to enter it. For effectively carrying out the operation, safety equipments such as gum boots, gloves, gas masks, gas monitor and diving suits have been procured and put into use. In City Municipal Corporations other than Chennai City, 234 De-silting machines, 122 Jet rodding machines, 43 super suckers and 23 Jetting cum Suction machines have been procured and they are being deployed for mechanised cleaning of sewers. By reason of usage of the machineries listed above, mechanisation of the sewer cleaning operations is being continued and steps are also taken to ensure that manual scavenging is prohibited completely. The entry of sanitary workers into the sewerage system https://www.mhc.tn.gov.in/judis

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is completely prohibited except under special circumstances, that too, after

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providing proper safety measures.

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(iii) The learned Special Government Pleader further submitted that

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despite best efforts of the Government and due diligence in ensuring compliance of the orders passed by the Constitutional Courts, stray cases of sanitary workers entering into manholes and sewer lines and septic tanks in private homes/ institutions have been reported and they are unfortunate. The Government is also continuously providing health check-up for all sanitary workers, through the health centres and health camps organised by the Directorate of Public Health. The Government is committed to the well being of all its citizens, without any discrimination. The Ministry of Urban Development has launched Swachh Bharath Mission on 22.10.2014 with the aim of achieving Clean India by October 2019. As per the guidelines issued by the Ministry, the main objective is to eradicate manual scavenging. A concept note on the sanitation strategy for Tamil Nadu has been sent and the Central Government is supporting the State Government in their ongoing efforts. Thus, the Government is fully geared up to ensure that the manual scavenging is prohibited in all forms and manifestations.

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(iv) The learned Special Government Pleader invited our attention to https://www.mhc.tn.gov.in/judis the report dated 11.01.2016 filed by the Principal Secretary to Government, 24/54

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Municipal Administration and Water Supply Department in a connected Writ Petition No. 2988 of 2015 and submitted that as per the report, the Urban Local Bodies, Chennai Metropolitan Water Supply and Sewerage Board and the Tamil Nadu Water Supply and Drainage Board are continuously engaged in the process of verification and identification of sewer/septic tank related deaths. In the report dated 11.01.2016, the number of deaths and the number of persons compensated has been tabulated. The list included number of sewer deaths, septic tank deaths, compensation paid and to be paid. Thus, it is submitted that the Government of Tamil Nadu has been implementing the scheme of elimination of open defection, identification of manual scavengers and their rehabilitation. The Government, in an effort to convert the livelihood of manual scavengers, issued identity cards to 348 manual scavengers and the Department of Adi Dravidar and Tribal Welfare is pursuing necessary action towards rehabilitation measures. The Government also appointed The Tamil Nadu Adi Dravidar Housing and Development Corporation and the Directorate of Adi Dravidar Welfare as the Nodal Agencies for taking rehabilitation measures and for scholarships. A total of 30 of the identified manual scavengers have already been rehabilitated as Sanitary Workers. The learned Special Government Pleader therefore submitted that in the light of the ongoing efforts taken by the Government of Tamil Nadu to ensure total prohibition of manual scavenging, no further orders is required to be passed in https://www.mhc.tn.gov.in/judis

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this writ petition and thus he prayed for dismissal of the writ petition.

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(i) The petitioner, a practicing advocate before this Court, has filed this writ petition contending that the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 is a special Act aimed to prohibit manual scavenging and to rehabilitate and identify the manual scavengers and their family. The object with which the Act was enacted is to ensure the dignity of individual engaged in manual scavenging and to desist from the dehumanizing practice of manual scavenging. The grievance of the petitioner appears to be that inspite of the special enactment and the various orders passed by the Constitutional Courts, including the orders passed by the Honourable Supreme Court in Safai Karamchari Andolan and others vs. Union of India reported in 2014 (3) CTC 177 as well as National Campaign on Dailit Human Rights and others vs. Union of India and others 2017 (2) Supreme Court Cases 432 the respective State and Central Governments did nothing to implement the provisions of this Act in letter and spirit. Therefore, the petitioner formed a committee in the name and style of "Madurai Legal Awareness Coordination Committee", with the help of which, he periodically met the scavenging workers in Madurai and Virudhunagar Districts to create awareness about the perils of manual scavenging. The petitioner along with the

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https://www.mhc.tn.gov.in/judis committee members have also met the staff of the Government Departments

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who are responsible for implementation of the Act and insisted them to do the needful swiftly. According to the petitioner, inspite of such steps, the practice of manual scavenging is still prevalent in most of the places in Madurai and Virudhunagar Districts.

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(ii) Referring to Section 2 (1) (g) of the Act which defines "manual scavenger" and Section 5 (1) (b) which prohibits all forms of employment and engagement of individuals as manual scavengers, the petitioner submits that whoever contravenes the provisions shall be punishable with imprisonment for a term which may extend upto one year, or fine or both. Further, Chapter IV of the Act consists of Sections 11, 12, 13 and 14 provides for identification of manual scavengers in Urban and Rural areas and to promote their rehabilitation. While Section 11 deals with the methodology of the survey of manual scavengers in urban areas, Section 12 relates to identification of an urban manual scavenger. It is the contention of the petitioner that despite the provisions made available under the Act to identify the manual scavengers, the practice of manual disposal of human excreta persists and open defecation and manual scavenging has been witnessed all through the major cities. According to the petitioner, as the government machinery failed to take any steps in implementing the provisions of the Act, the committee constituted by the petitioner had taken up the issue and recording the details of the manual scavengers in the two Districts namely Madurai and Virudhunagar. So far, the https://www.mhc.tn.gov.in/judis

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petitioner's committee had identified 100 manual scavengers engaged in manual scavenging in various local bodies of the two Districts. After gathering the details, the petitioner approached the third respondent on 08.02.2016 and handed over applications for 56 identified manual scavengers. On 24.02.2016, the petitioner also approached the fifth respondent and handed over the applications of 29 persons with a request to declare them as manual scavengers after due verification and provided them the identity card. If an identity card is not issued to such manual scavengers, the benefits extended by the Government cannot be availed by them. In fact, a camp was conducted in Madurai and Virudhunagar Districts to identify the manual scavengers on 22.02.2016 to 24.02.2016. Upon knowing the same, the petitioner along with his team informed the scavengers in the two Districts and to participate in the camp. However, during such camps, the authorities only threatened the manual scavengers not to seek for registration, else, they will lose their jobs. Fearing the wrath of the authorities, the scavengers returned without registering their names as manual scavengers.

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(iii) According to the petitioner, as per the directions of the Honourable Supreme Court, manual scavengers have to be identified and they must be provided with identity cards. The petitioner had already identified 85 manual scavengers in Madurai District and 169 in Virudhunagar District and handed over the applications to the respondents 3, 4 and 5. However, the https://www.mhc.tn.gov.in/judis

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respondents have not taken any steps to issue identity card to those who were identified by the petitioner. The petitioner also referred to G.O. (Ms) No. 30, Adi Dravidar and Tribal Welfare Department dated 24.04.2017 by which the Government, in an effort to curb the employment of manual scavengers, has constituted a State Monitoring Committee as per sub-section (1) of Section 26 of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (Central Act 25 of 2013) which is chaired by the Chief Minister. The Ministers of (i) Municipal Administration and Rural Development Department (ii) Revenue Department and (iii) Adi Dravidar and Tribal Welfare Department are Members. That apart, representative from the National Commission for Scheduled Caste and National Commission for Safai Karamcharis were also inducted as members. In all, the Committee consists of 27 members with effective check and balance. The Committee meets atleast once in every six months to monitor and implement the provisions of the Act. However, the object with which the Committee has been constituted has not been achieved so far. In such circumstances, the petitioner has filed this writ petition.

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(i) The fifth respondent in WP (MD) No. 21587 of 2017 has

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filed a counter affidavit contending inter alia that the Corporation of Madurai https://www.mhc.tn.gov.in/judis is fully committed to implement the 'Prohibition of Employment as Manual

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Scavengers and their Rehabilitation Act, 2013' by initiating various steps. In accordance with Section 4 (1) (b) of the Act, all the insanitary latrines were demolished and converted into sanitary latrines within the limits of Madurai Corporation. In fact, a Survey was conducted by Animators and Supervisors of the Corporation of Madurai between 29.05.2017 to 15.05.2018 during which 3,17,206 households in 100 wards were inspected and it was revealed that 3,11,779 individual houses have sanitary latrines and only 5427 houses were identified as without toilets. However, when a re-survey was conducted during July 2018, it was noticed that 6621 toilets were constructed with the assistance from Government. That apart, 242 community toilets have been constructed and renovated for the usage of those who do not possess land to construct individual household latrines.

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(ii) As far as the identification of manual scavengers is concerned, the Corporation of Madurai constituted a survey team consisting of Conservancy Inspector, Sanitary Inspector and Sanitary Officer of the respective wards. The team submitted a report after verifying each and every household stating that there is no manual scavenging at all within the limits of Corporation of Madurai. Such survey has been frequently conducted to ensure that there is no manual scavenging in Corporation of Madurai. Further, in order to effect behavioural change for a healthy sanitation practice, general awareness is created about sanitation and public health. The Swachh Bharath Mission is https://www.mhc.tn.gov.in/judis

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supporting the engagement of animators, supervisors and coordinators to effectively implement the provisions of the Act. While doing so, the Corporation of Madurai is also adhering to the detailed guidelines issued by the Government of Tamil Nadu from time to time for the implementation of the Act.

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(iii) Referring to the safety apparatus provided to such sanitary workers including gloves, shoes, helmet, reflecting jacket, sanitiser, face masks etc., it is submitted that before registering private sewage tank operator, it is ensured that they have machines for cleaning of sewer and septic tank. In other words, to avoid human entry for maintenance of underground sewerage system, jet rodding vehicles, mini jet rodding vehicles, suction lorries and desilting vehicles have been purchased and put to use adequately. All these vehicles are used for removal of drainage blocks and for collection of drainage wherever necessary to avoid manual scavenging. That apart, various special drives, mass cleaning activities are conducted during which specialised equipments are hired from private contractors for cleaning underground sewerage system.

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(iv) With respect to identifying the manual scavengers, out of the 83 persons identified by the petitioner, 10 persons are living outside the corporation limit. When the details of the remaining 73 persons were https://www.mhc.tn.gov.in/judis scrutinised, it came to light that 56 persons out of 73 persons are working in

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Madurai Corporation as Sanitary workers on regular or contract basis. During the awareness programme, they have given a written statement that they are not involved in manual scavenging. In fact, none of the persons whom the petitioner has identified are engaged in manual scavenging. As most of the persons identified by the petitioner are working in Madurai Corporation as Sanitary workers, the question of issuing identity cards to them will not arise.

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(v) Referring to a stray case of engagement of manual scavengers, the fifth respondent in the counter affidavit states that on 10.07.2016, in Ward No. 83, West Avani Moola Street, the owner of a marriage hall engaged a private individual to manually scavenge the debris in the underground drainage. In this connection, the Junior Engineer of Madurai Corporation preferred a complaint before the Sub-Inspector of Police, C-4, Thilagar Thidal Police Station, Madurai and ultimately, the marriage hall owner paid a sum of Rs. 20,00,000/- as compensation to two persons who have lost their life during such manual scavenging. Thus, it is submitted that the Corporation of Madurai is taking all efforts to fulfil the requirements of the Act. It is also stated that underground sewage treatment plants are established at Sakkimangalam and Vellakal with a capacity of treating 172.5 MLD of sewage per day. For newly added areas, the project is underway for providing underground drainage system. The City is expected to have a fully functional underground drainage system by May 2023 with all households having a functional underground https://www.mhc.tn.gov.in/judis

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drainage connection. The Corporation is adopting multi-pronged approach to prohibit manual scavenging which includes creation of awareness among the general public, usage of modern equipment, providing infrastructure facilities such as establishing community toilets, underground sewage lines and sewage treatment besides imposing stringent punishments in the event of violation of the Act. While so, it is submitted that no further order is required to be passed in this writ petition and the fifth respondent prayed for dismissal of the writ petition.

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This writ petition is filed as a public interest litigation by the petitioner stating that the practice of manual scavenging has already been banned under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 but the practice is still in vogue in many parts of the State. The petitioner mainly sought to project in this writ petition that a robotic machine to replace manual scavengers have been introduced and through its suction power, it sucks out the sewage through digital controllers. Further, some technologies have been developed by Indian scientists like HomoSEP, a robot to eliminate the practice of manual scavenging in India, developed by a team of researchers at Indian Institute of Technology, Madras. Similarly,

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"Bandicoot" is another robotic machine engineered for cleaning any type of sewer manholes. In this context, highlighting the technological advancement in sewage scavenging, the petitioner submitted a representation dated 11.04.2022 to implement the rules prescribed under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. As the representation dated 11.04.2022 of the petitioner has not been responded, he has filed the present writ petition.

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(i) On notice, the first respondent filed a status report stating

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that the Greater Chennai Corporation has not entered into any contract for engaging manual scavengers and the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 is being strictly followed by the Chennai Corporation. Further, the 3900 insanitary latrines within the Chennai Corporation were converted into sanitary latrines and 1850 numbers of insanitary latrines were demolished and there are no insanitary latrines in existence. The entire operation and maintenance of the latrines is being taken up by Chennai Metro Water and Sewage Board and the Corporation along with the Board are periodically taking up de-silting operations in storm water drains by only using vehicle mounted high capacity suction cum jetting machines with recycling facility to ensure uninterrupted flow of rain water and https://www.mhc.tn.gov.in/judis to avoid water stagnation. It is further stated in the status report of the first

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respondent that the Chennai Corporation is maintaining 2071 kms length of storm water drains (micro drains) and de-silting activity is outsourced. The contractors engaged by the Corporation were strictly instructed to provide desilting workers all the protective safety tools without fail and it is part of the tender conditions preceding the award of the contract.

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(ii) The first respondent also stated that as per the provisions of the Act, a Vigilance Committee was constituted under the Chairmanship of District Collector and the committee is meeting once in three months to monitor the implementation of the Act. The Chennai Corporation also made several awareness programmes through pamphlets instructing the general public to wean away from engaging manual scavengers for cleaning chambers and septic tank. The Corporation has also identified the persons who were engaged in manual scavenging by conducting camps in the limits of Greater Chennai Corporation before the notification of the Act. During such camps, 180 numbers of manual scavengers were identified as involved in manual scavenging previously and they were paid a One Time Cash Assistance (OTCA) through TAHDCO for their rehabilitation. Therefore, it is stated that the authorities are taking various steps to implement the Act in its true sense and have also rehabilitated the manual scavengers by providing cash assistance. In such circumstances, the first respondent prayed for passing appropriate further orders in the writ petition filed by the petitioner. https://www.mhc.tn.gov.in/judis

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We have heard the learned counsel on either side and perused the materials placed on record, including counter affidavits and the status reports filed by the authorities.

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These writ petitions are filed by the petitioners as Public Interest Litigation seeking appropriate directions to the authorities concerned to implement the rules prescribed in the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, in letter and spirit, so as to restore the human dignity and remove the blot and stigma attached to the dehumanizing work.

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At the first instance, it would be relevant to look into the evolution of law on prohibition of manual scavenging. The Constitution of India, as a transformative document, specifically, Articles 21 (right to dignified life) and 17 which prohibits the practice of untouchability in all forms, is the normative basis for prohibition of manual scavenging. In pursuance of the same, four different enactments were enacted prohibiting the practice of manual scavenging.

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(i) Protection of Civil Rights Act, 1955 deems any compulsion on a

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person to do a work of scavenging or sweeping or removing a carcass on the ground of ‘untouchability’ as a disability arising out of untouchability and prohibits the same as an offence under the Act. However, this offence only arises in the context of ‘compulsory labour’. Section 7A was introduced in 1976 by way of an Amendment. Section 7A provides for circumstances in which unlawful compulsory labour will be deemed to be a practice of ‘untouchability’ and the same reads as under:

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(1) Whoever compels any person, on the ground of “untouchability”, to do any scavenging or sweeping or to remove any carcass or to flay any animal, or to remove the umbilical cord or to do any other job of a similar nature shall be deemed to have enforced a disability arising out of “untouchability”.

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(2) Whoever is deemed under sub-section (1) to have enforced a disability arising out of “untouchability” shall be punishable with imprisonment for a term which shall not be less than three months and not more than six months and also with fine which shall not be less than one hundred rupees and not more than five hundred rupees.

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Explanation.—For the purposes of this section, “compulsion” includes a threat of social or economic boycott.]

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(ii) In 1993, the Employment of Manual Scavengers and Construction

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of Dry Latrines (Prohibition) Act provided a specific prohibition on manual scavenging. This Act for the first time defined ‘manual scavenger’ and prohibited the act of manually carrying human excreta and construction of dry latrines. Section (j) defines ‘manual scavenger’ as “a person engaged in or

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employed for manually carrying human excreta”. Under this Act, the state

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government was even conferred with the powers to exempt certain classes of

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buildings or persons from observing the prohibitions under the Act. The relevant provisions are extracted below:

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“3. Prohibition of employment of manual scavengers, etc.

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(1) Subject to sub-section (2) and the other provisions of this Act, with effect from such date and in such area as the State Government may, by notification, specify in this behalf, no person shall-

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(a) engage in or employ for or permit to be engaged in or employed for any other person for manually carrying human excreta; or

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(b) construct or maintain a dry latrine.

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(2) The State Government shall not issue a notification under sub-section (1) unless-

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(i) it has, by notification, given not less than ninety days' notice of its intention to do so;

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(ii) adequate facilities for the use of water-seal latrines in that area exist; and

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(iii) it is necessary or expedient to do so for the protection and improvement of the environment or public health in that area.

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Power to exempt- The State Government may, by a general or special order published in the Official Gazette, and upon such conditions, if any, as it may think fit to impose, exempt any area, category of buildings or class of persons from any provisions of this Act or from any specified requirement contained in this Act or any rule, order, notification or scheme made thereunder or dispense with the observance of any such requirement in a class or classes of cases, if it is satisfied that compliance with such provisions or such requirement is or ought to be exempted or dispensed with in the circumstances of the case.”

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(iii) The Prohibition of Employment as Manual Scavengers and Their

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Rehabilitation Act, 2013 sought to reform the earlier 1993 Act by introducing the hazardous cleaning of sewers or septic tanks under the prohibitory ambit. The nexus between caste and manual scavenging was legislatively recognized for the first time only under this Act. The Preamble to the Act in an unequivocal terms states that the dehumanizing practice of manual scavenging still persists as a result of “highly iniquitous caste system” and existence of insanitary latrines. The preamble declares that the legislation was enacted in pursuance of Article 46 to protect weaker sections from social injustice and exploitation. It outlaws the construction of insanitary latrines and direct/indirect engagement in manual scavenging. It also prohibits manual cleaning of septic tanks and sewers without using protective gear or observing the safety precautions. Entering sewer lines without protective gear even during emergencies has been outlawed by the Supreme Court in Safai Karamchari Andolan v Union of India, (2014) 11 SCC 224. Further, section 5 prohibits insanitary latrines and employment and engagement of manual scavenger, and the same reads thus:-

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(1) Notwithstanding anything inconsistent therewith 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,—

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(a) construct an insanitary latrine; or

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(b) engage or employ, either directly or indirectly, a

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manual scavenger, and every person so engaged or employed

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shall stand discharged immediately from any obligation, express or implied, to do manual scavenging.

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(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 clause (b) of sub-section (1) of section 4:

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Provided that where there are several occupiers in relation to an insanitary latrine, the liability to demolish or convert it shall lie with,—

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(a) the owner of the premises, in case one of the occupiers happens to be the owner; and

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(b) all the occupiers, jointly and severally, in all other cases:

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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:

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Provided further that non-receipt of State assistance shall not be a valid ground to maintain or use an insanitary latrine, beyond the said period of nine months.

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(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 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 be, of demolition, from such occupier in such manner as may be prescribed.

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(iv) That apart, Section 7 provides for Prohibition of persons from

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engagement or employment for hazardous cleaning of sewers and septic tanks, which reads thus:

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“No person, local authority or any agency shall, from

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such date as the State Government may notify, which shall not be later than one year from the date of commencement of this Act, engage or employ, either directly or indirectly, any person for hazardous cleaning of a sewer or a septic tank.”

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(iv) The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 came to be amended in 2016 to prohibit manual scavenging. Section 3(1) was amended to introduce clause (j) declaring the practice of making, employing and permitting the employment of a member belonging to the Scheduled Castes/Scheduled Tribes for the purpose of manual scavenging (as defined under the 2013 Act) an offense under the Act. Section 3 prescribing the punishment for offences, runs under:-

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“(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe, -

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(j) makes a member of a Scheduled Caste or a Scheduled Tribe to do manual scavenging or employs or permits the employment of such member for such purpose.”

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Apart from these legislative enactments, National Human Rights Commission (NHRC) pursuant to the powers conferred under the Protection of Human Rights Act, 1993 has issued an ‘Advisory on Protection of Human Rights of Persons engaged in Manual Scavenging or Hazardous Cleaning’ to ensure such dehumanizing practice is completely eradicated. It provides as many as ten advisories on protective gears and equipments, investment on

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mechanizing cleaning of septic tanks/sewer lines, accountability of hiring agency/employer and authorities, their rehabilitation and monitoring of implementation of the 2013 Act.

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Apart from that, the Hon’ble Supreme Court and this Court had heavily come down the practice of manual scavenging and issued various directions to the authorities concerned, to ensure complete eradication of the same. For instance, in the decision of the Honourable Supreme Court in Safai Karamchari Andolan and others v. Union of India and others reported in 2014 (3) CTC 177 , it was recognized that the instances of engaging the poor and marginalized in manual scavenging are galore and the government especially the District Collectors are lethargic and callous in complying with the orders; and it was observed thus:

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"15. In the light of various provisions of the Act referred to above and the Rules in addition to various directions issued 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 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."

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https://www.mhc.tn.gov.in/judis Thus, there are various enactments and legal propositions prohibiting

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and criminalizing the dehumanizing practice of manual scavenging, as it is against the human dignity and right to life.

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However, the report of the National Safai Karamcharis Finance and Development Corporation indicates that as on March 31, 2019, there are 14,505 identified manual scavengers in 13 states. Further, in the National Survey of Manual Scavengers initiated by the Ministry of Social Justice and Empowerment and conducted in 18 states, it was identified that there are 48,687 manual scavengers as on 31.03.2020. Further, in a reply to an unstarred question in the Lok Sabha on 15.03.2022, the Ministry of Social Justice and Empowerment has submitted that while there are no deaths due to manual scavenging i.e., lifting of human excreta from insanitary latrines as defined in section 2(1)(g) of the 2013 Act, but there are 325 reported deaths due to hazardous cleaning of sewer and septic tanks during the last five years. Therefore, it is glaringly evident that there are instances of death due to cleaning of sewers and septic tanks across the Country and manual scavenging has not been completely abolished.

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In the instant case, it is the categorical submission of the Commissioner of Madurai Corporation / 21st respondent in WP (MD) No. 24289 of 2016 that steps are taken to totally prohibit manual scavenging https://www.mhc.tn.gov.in/judis

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within the corporation limits. It is also stated that underground drainage are

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being cleaned only with the help of machineries and individuals are not utilised for manual scavenging. To substantiate the same, they have filed a typed set of papers, enclosing the G.Os., minutes of the meeting and guidelines issued by the Government, and produced photographs showing that the manual scavengers are working with the assistance of machines and other precautionary tools.

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It is the stand of the Greater Chennai Corporation that in Chennai City, mechanizing the cleaning operations of the sewerage system has been undertaken by the Chennai Metropolitan and Water Supply and Sewerage Board. It is also stated that Super Sucker Machines and sewer cleaning rods are used to remove obstructions in the sewer and house service connections apart from utilising Grab bucket equipments for removing silt accumulated in the shallow depth manholes in the sewerage system and they are operated from the top of the manhole without requiring any one to enter into the manhole. It is further stated that even if any one is required to enter the man hole, he will be provided with safety equipments such as gum boots, gloves, gas masks, gas monitor and diving suits.

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The learned Additional Government Pleader appearing for

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respondents invited our attention to an order dated 05.08.2009 passed in Contempt Petition No. 352 of 2009, whereby, this Court constituted a 13 member Special Committee for effective implementation of the directions issued in the writ petition to prohibit manual scavenging. It is stated that the Committee and the sub-committee so constituted met on various occasions and a status report was submitted on 24.11.2010 before this Court, based on which fresh directions were issued by this Court on 10.03.2015 re-constituting the special committee to submit a comprehensive report to this Court. It is stated that the order passed by this Court in the said Contempt Petition has been implemented in letter and spirit. In the typed set of papers, one of the minutes of the review meeting for implementation of welfare schemes/programmes meant for Safai Karamcharis and implementation of the prohibition of employment as manual scavengers and their rehabilitation Act, 2013 held on 08.03.2019 has been enclosed. The minutes of the meeting disclose that variety of topics have been discussed such as (i) improving the working environment of women sanitary workers (ii) one time cash assistance to 14 manual scavengers in one month (iii) compensation payable to the legal heirs of 25 death victims to be paid within a month (iv) formation of Safai Karamcharis within 2 months (v) to conduct district level and sub-divisional level vigilance committee meeting periodically. The minutes of the meeting

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also discloses that compassionate ground appointments have been made in the https://www.mhc.tn.gov.in/judis

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Greater Chennai Corporation and the legal heirs of deceased Sanitary Workers have been given posts other than sanitary workers based on their educational communications. Further, the minutes reveal that health check-ups are organised periodically and rare non-communicable diseases are also identified and the affected are recommended for treatment.

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Reiterating the averments made in the counter affidavit, it is also submitted on the side of the respondent authorities that manual scavenging is no longer in vogue and only machineries are being used for such purpose. However, it is fairly admitted that despite best efforts of the Government and due diligence in ensuring complete prohibition of manual scavenging, stray cases of sanitary workers entering into manholes, sewer lines and septic tanks in private homes/ institutions, have been reported and all the loopholes will be plugged. It is further stated that the manual scavengers are being identified and rehabilitated by a systematic process so as to ensure that they will not engage themselves in manual scavenging again.

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Thus, it is evident from the counter affidavits and the status report filed as well as the submissions made by the learned counsel appearing for the respondent authorities that steps are taken to eradicate and/or prohibit manual

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Scavengers and their Rehabilitation Act, 2013 and they are in progress, but not in completion. It is also evident from the photographs enclosed in the typed set of papers filed on 27.09.2022 along with WP.No.22880 of 2022 that even recently, there are incidents, where men enters into the manhole and/or septic tanks, for clearing sewers / obstructions, without the assistance of the machines, despite various legal provisions and decisions of the Courts are in existence. Such incidents cannot be slightly brushed aside, as the practice of manual scavenging is against the human dignity and right to life, as stated supra. It is also a pathetic situation where people engaging in manual scavenging or clearing sewers are not even aware that it is an offence/ crime.

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Thus, the overall appreciation of the factual matrix in the light of the legal provisions would compel this court to recognise that the menace of manual scavenging is persisting even now and effective actions must be taken to completely uproot the same from the society. Therefore, the following directions are issued to the respondent authorities for strict compliance, so as to eradicate the manual scavenging in entirety.

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(i) to take stringent action against those engaging or employing persons for manual scavenging.

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(ii) to provide protective and safety equipments, in accordance with the Act, in case of using the manual scavengers for sanitary works.

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(iii) to ensure the clearing of sewer, septic tank etc, is completely mechanized

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(iv) to ensure the strict implementation and compliance of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.

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(v) to rehabilitate manual scavengers and their family so that they are not forced to take up manual scavenging due to economic reasons

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(vi) to sensitize sanitary workers and manual scavengers on the perils of manual scavenging

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(vii) to sensitize sanitary workers and manual scavengers about the prohibition, legislative provisions and various schemes/ initiatives available for their rehabilitation and skill development for alternative employment.

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(viii) to pay the compensation amount, if not paid, to victims of manual scavenging forthwith.

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With the above directions, all the three writ petitions stand

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disposed of. No costs.

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(R.M.D., J.) (J.S.N.P., J.)

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19.12.2022

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rsh

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https://www.mhc.tn.gov.in/judis Index : Yes / No

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Internet : Yes / No

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Union of India rep. by its Cabinet Secretary Union Secretariat New Delhi

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The Union of India rep. by its Secretary Ministry of Home Affairs Union Secretariat New Delhi

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The Union of India rep. by its Secretary Ministry of Social Justice and Empowerment Union Secretariat New Delhi

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The Union of India rep. by its Secretary Ministry of Urban Development Union Secretariat New Delhi

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The Union of India rep. by its Secretary

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Ministry of Finance Union Secretariat Department of Financial Service New Delhi 6. The Union of India rep. by its Secretary Ministry of Panchayat Raj Union Secretariat New Delhi 7. The Union of India rep. by its Secretary Ministry of Public Health Department of Health Union Secretariat New Delhi

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The Union of India rep. by its Secretary Ministry of Public Health Department of Health Union Secretariat New Delhi

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The Chair Person Niti Aayog Yogana Bhawan Sansad Marg New Delhi - 110 001

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The Chair Person

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National Commission for Scheduled Castes

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	5th Floor, Lok Nayak Bhawan Khan Market, New Delhi - 110 003
11.	The Chair Person National Commission for Safai Karamcharis "B" Wing, 4th Floor Lok Nayak Bhawan Khan Market, New Delhi - 110 003
12.	The State of Tamil Nadu rep. by its Chief Secretary Secretariat, St. George Fort Chennai
13.	The Principal Secretary to Government Municipal Administration & Water Supply Department Secretariat, Chennai - 600 009
14.	The Principal Secretary to the Government Health and Family Welfare Department Fort St. George, Chennai - 600 009
15.	The Secretary to the Government Rural Development and Panchayat Raj Department Fort St. George, Chennai - 600 009
16.	The State of Tamil Nadu rep. by its Principal Secretary Department of Social Justice and Empowerment St. George Fort Chennai

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17.

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The State of Tamil Nadu rep. by its Principal Secretary Department of Home Affairs St. George Fort Chennai

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The State of Tamil Nadu rep. by its Principal Secretary Department of Local Administration St. George Fort, Chennai

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The State of Tamil Nadu rep. by its Principal Secretary Department of Finance St. George Fort Chennai

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The Director General of Police Post Box No.601 Dr. Radhakrishnan Salai Mylapore, Chennai - 600 004

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The District Collector cum District Magistrate Madurai District Madurai

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The Commissioner Municipal Corporation

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Madurai

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The Superintendent of Police

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Municipal District

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Madurai

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The Commissioner of Police Madurai City Madurai

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The Chair Person Central Monitoring Committee (Under the Prohibition of Employment as Manual Scavangers and their Rehabilitation Act 2013) Union Secretariat, New Delhi

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