The present article deals with one of the most deadly and worst forms of employment that the Indian Community should get rid of as soon as possible. The proposition impliedly means, unfortunately, that the said employment still exists in India in spite of various protests, judicial intervention and legislative measures.
We are talking about ‘Manual Scavenging’ done by the citizens of our country and whose lives are at stake every time they do this particular act.
Let us discuss the menace of Manual Scavenging in this article and the recent PIL which has been filed before the Supreme Court of India in order to implement the prohibitory laws that are in place in India against this act of manual scavenging.
What is Manual Scavenging?
Before looking into the existing loss on the manual scavenging in India and the observations made by the judiciary in prohibiting the main is of manual scavenging let us have a look at the definition of manual scavenging as per the Prohibition of manual scavenging act of 2013.
section 2 clause (g) of the act define the term manual scavenger as the person who has been engaged or has been employed by an individual or any local authority, contractor or any agency for the purpose of cleaning, carrying, disposing or handling of human excreta from the existing in dry latrine or from the pit into which the human excreta is disposed of.
Now the important question that needs to be asked is that these people are also employed even in the railway track or any other premises.
As per the act, the State government or the central government shall have the power to notify the acts or the places which shall be covered for the purpose of considering the definition of manual scavenger or manual scavenging for that matter.
I would like to avoid using the term ‘job or employment’ to specify this act of manual scavenging, because it should not be considered, at least, in the near future for which this article forms one of the basis.
Another unfortunate situation is that, as recently reported by the news reports that as per Mr. Narayanaswamy, Union Minister for the State, Social justice and Empowerment for women, that the problem of manual scavenging in India is still in practice because of the inadequate support from the side of various stakeholders including the officials, politicians and the other authorities.
It is also important to know that the Union Minister shall have the authority to dismiss those authorities who fail to comply with the orders of the central government and the state governments as well.
Unfortunately even bureaucrats are least bothered in the abolition of manual scavenging in India.
Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013:
Let us look into the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 which is currently in place for the purpose of prohibition of manual scavenging in India the supreme court judgment in 2013.
After looking into the Preamble of the said act it is clear that there are two main objectives behind the enactment of the law.
Firstly the act tries to prohibit the employment of manual scavengers and secondly to ensure that there is rehabilitation provided to the manual scavengers and their families.
Also pertinent to look into the source from which this particular law needs to be enacted or implemented is vested on the supreme laws of the country and also to give effect to the international conventions including Universal Declaration of Human Right. The domestic loss which are connected to this particular legislation are,
The Constitution of India which contains the fundamental rights to citizens, the Preamble which instruments the goals of the Indian Constitution and lastly the Directive Principles of State Policy under Article 46.
To prohibit the social injustice against the Scheduled Castes and Scheduled Tribes
To prohibit the evils of the inhumane behavior existing in the society through the forms of caste system since the historical times.
With respect to the trial of any violation of the said provisions under the law, it shall be the Judicial Magistrate of the First class in a district who shall have the power to entertain the matter.
Fortunately, the act has classified the offenses as cognizable and non-bailable and also makes even a corporate entity such as a company be liable if it employs the manual scavengers or makes any contract for the purpose of employing them.
Judicial Intervention:
One of the main judgments of the Supreme Court which mainly dealt with the issue of the Manual Scavenging are Safai Karmachari Andolan & Ors v. Union of India (2013) in which the Supreme Court dealt with the writ petition seeking the writ of mandamus for the effective implementation of the then existing 1993 act on prohibition of the employment of manual scavenging.
The petitionstated that the manual scavenging amounts to violation of article 14, 21 of the Indian Constitution. Hence, the PIL was filed for the purpose of effective implementation and the writ of mandamus.
After looking into the existing 2013 provisions, the Supreme Court of India issued few guidelines as mentioned below.
To ensure that the cash assistance is provided to those manual scavengers who were part of the final list under section 11 and 12 of the 2013 act which also includes the scholarship scheme that shall be given to the children of these employers.
The court also directed the state to ensure there is residential facility that shall be given to these employers and also a subsidy in the form of a loan to one of the family members for the purpose of becoming eligible to any other alternative occupation.
To make the manual scavenging a worst crime even during any emergency period also and any death caused shall be compensated with Rs. 10 Lakhs.
It finally directed that the employment in railways and sewers shall be stopped as soon as possible by the respective authorities (the District magistrate). The state should, as per 2013 judgment, find all the deaths due to the manual scavenging that happened since 1993 and pay them compensation.
Lastly, the court has reiterated that when there is any person who is affected because of the said employment, such person shall first go to the local authority before resorting to High Court.
Way Forward:
With such elaborate and clear guidelines from the apex court, there is nothing which the judiciary can do currently more than such directions.
Anything more than this, would violate the separation of powers as per the constitution.
Hence, it is the utmost duty of the existing authorities to ensure that the law is implemented properly thereby ending the problem or this menace as soon as possible.
Recently, a PIL was filed by one of the petitioners where he sought for the effective implementation of the said law by the state and central authorities.
The Supreme Court has asked the government to file the affidavit and to give the status of the law and 2013 guidelines given as per the above case.
The matter shall be heard on 12th of April, 2023 and we hope the effective measures are taken immediately.
