Imagine hearing that a dangerous, degrading practice, strictly banned by law for decades, is still happening right under the nose of the highest court in the country. This is the harsh and tragic reality of manual scavenging in India. Recently, former Supreme Court Judge, Justice Sudhanshu Dhulia, made a powerful and emotional statement about this deep-rooted issue, reminding citizens that the failure to protect vulnerable workers is a collective failure of the nation.
The Heavy Burden of Shame
Justice Dhulia was speaking at a major event for the “India@80 End Manual Scavenging” campaign. This is a year-long movement organized by the Safai Kamarchari Andolan. The primary goal of this campaign is simple but urgent: to completely free India from the unconstitutional practice of manual scavenging and hazardous sewer cleaning.
During his speech, the former judge shared his deep personal embarrassment that people are still forced to clean human waste by hand or enter toxic sewers without safety equipment. He specifically mentioned a former manual scavenger from Andhra Pradesh, Narayanan Amma, stating that she is not the only one carrying this burden. Justice Dhulia remarked that as long as this shameful system continues, every Indian is metaphorically carrying that same burden of shame on their own heads.
A Shocking Discovery at the Supreme Court
The most surprising and disturbing part of his address was a revelation about the Supreme Court of India itself. Justice Dhulia shared that the unconstitutional practice of manual sewer cleaning was actually found to be taking place right on the premises of the Supreme Court.
If such an illegal practice can happen within the walls of the highest institution of justice, it highlights exactly how deeply rooted and normalized the problem is across the country. It shows that laws on paper do not automatically translate to safety on the ground.
The Official “State of Denial”
According to Justice Dhulia, one of the biggest hurdles in stopping this practice is the attitude of government authorities. When he and Justice Aravind Kumar were hearing cases on this issue at the Supreme Court, they noticed a frustrating pattern. Government officials were consistently in a “state of denial.”
When presented with hard facts about manual scavenging happening in their areas, the authorities would simply claim that the practice did not exist in their specific jurisdiction or department. This refusal to accept the reality makes it incredibly difficult to enforce the law and protect the lives of sanitation workers.
What The Law Says: The 2013 Act and Beyond
Manual scavenging is not just morally wrong; it is a severe violation of Indian law and human rights. Here is a simple breakdown of the legal framework meant to stop it:
- The 2013 Act: The primary law governing this issue is the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. This law completely bans the employment of any person for manual scavenging. It also strictly prohibits the hazardous cleaning of sewers and septic tanks without proper protective gear and safety equipment. Furthermore, it mandates the rehabilitation of workers who were previously engaged in this work.
- The 1993 Act: Before 2013, there was an older law called the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993. Despite being on the law books for over 30 years, its rules were widely ignored by civic bodies.
- Fundamental Rights: The Constitution of India protects the dignity of every single citizen. Article 17 explicitly abolishes “Untouchability” in any form. Furthermore, Article 21 guarantees the Right to Life. The Supreme Court has repeatedly clarified that the Right to Life means a life lived with human dignity, not just mere physical survival.
- Criminal Liability: If a worker is forced into a sewer without safety gear and tragically dies from inhaling poisonous gases, the employer or contractor can face serious criminal charges. Under the new Bharatiya Nyaya Sanhita (BNS) 2023, this type of fatal negligence can fall under Section 106 (causing death by negligence), which replaces the old Section 304A of the Indian Penal Code (IPC).
The Supreme Court’s Strict Orders
Before his retirement, Justice Dhulia was part of a Supreme Court bench alongside Justice Aravind Kumar. They were hearing a Public Interest Litigation (PIL) filed by Dr. Balram Singh. A PIL is a legal tool used to protect the rights of the public. This specific petition pointed out that the 1993 and 2013 laws were just sitting on paper and failing to protect workers in reality.
The bench took strict action to force the government’s hand. In a major judgment delivered on October 20, 2023, the Supreme Court ordered that if a manual scavenger dies on the job, their family must receive an increased compensation of Rs 30 lakhs.
During these hearings, the court also reviewed a compliance affidavit (a sworn legal document) from the Union Government. The judges were highly dissatisfied. They called the government’s report “not encouraging at all” because it lacked any clarity on whether the practice had actually been eradicated. Pushing for immediate action, the bench passed specific orders banning manual scavenging and sewer cleaning in major metropolitan cities, including Delhi, Mumbai, Kolkata, Chennai, Bangalore, and Hyderabad.
What Happens Next
Although Justice Dhulia has now retired from the Supreme Court, the legal fight is far from over. The Supreme Court bench, currently led by Justice Aravind Kumar, continues to monitor the situation closely. They are keeping a strict watch to ensure that the government actually follows through with the court’s directions and fully implements the 2013 Act. The court has previously stated it would go to “any extent” to ensure this practice is wiped out.
Why This Matters For You
You might think that if you do not personally employ a manual scavenger, this issue does not affect your life. However, a society is ultimately judged by how it treats its most vulnerable and marginalized people. When strict laws are openly ignored and human beings are forced into degrading, life-threatening conditions, it weakens the rule of law for everyone.
As citizens, understanding these laws helps us hold our local municipalities, resident welfare associations, and civic bodies accountable. If you see workers entering manholes without oxygen masks and safety harnesses in your neighborhood, you now know that it is a direct violation of Supreme Court orders and the 2013 Act.
The Takeaway: The fight against manual scavenging is not just a complex legal battle for the courts; it is a fight for basic human dignity that requires every Indian to stop looking away.
Story reported by Supreme Court – High Court – Legal Breaking News | Live Law India. This article is BareLaw’s independent explanation and analysis.
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