Manual scavenging, a dehumanising practice that persists despite legislative measures and judicial interventions, continues to stain the fabric of our society. In the pursuit of justice and the preservation of human dignity, the Hon’ble Madras High Court, delivered a significant order 29.04.2024 in a writ petition filed by the Safai Karmachari Andolan (SKA) an NGO dedicated to eradicating manual scavenging, which approached the Madras High Court to address the ongoing deaths and suffering of sanitation workers despite the existence of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. This order dated 29.04.2024 echoing the sentiments of Dr. B.R. Ambedkar, underscores the battle for freedom and the reclamation of human personality.
The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act of 2013
Manual scavenging, as defined by the International Labor Organization, encompasses the disposal of human waste from dry latrines, public streets, and the maintenance of septic tanks, sewers, and gutters. While prevalent in India, it is also found in other parts of the world, predominantly among lower-caste individuals such as Dalits. The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act of 2013(PEMSR) represents a significant shift from previous legislation, focusing on restoring the dignity and rights of manual scavengers and providing for their rehabilitation. This legislation was a crucial step towards eradicating the abhorrent practice and providing rehabilitation for those engaged in it. This comprehensive statute comprises eight chapters and 39 sections, offering alternative employment opportunities and rehabilitation within a specified timeframe, while also criminalizing practices such as manual cleaning of septic tanks and sewers without proper safety measures, and the construction of insanitary latrines.
Key Provisions of the 2013 PEMSR Act:
The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR), contains several key provisions aimed at eradicating manual scavenging and ensuring the rehabilitation of affected individuals. These provisions include:
Identification and Rehabilitation: The PEMSR Act mandates the identification of manual scavengers and their rehabilitation through alternative livelihoods, financial assistance, housing, and access to education and healthcare.
Penalties for Violators: The PEMSR Act imposes strict penalties on individuals, contractors, and employers engaging in or employing manual scavengers. These penalties include imprisonment and fines, reinforcing the deterrence against perpetuating this inhumane practice.
Prohibition and Prevention: The PEMSR Act prohibits the engagement or employment of manual scavengers and mandates preventive measures to ensure the eradication of manual scavenging.
Monitoring and Enforcement: The PEMSR Act establishes mechanisms for monitoring and enforcing its provisions, including the appointment of monitoring committees at various levels and the obligation of local authorities to take proactive measures to eradicate manual scavenging.
Supreme Court Directives on Rehabilitation of Manual Scavengers:
In the case of Safai Karamchari Andolan v. Union of India, (2014) 11 SCC 224, the Supreme Court issued a series of directions aimed at rehabilitating manual scavengers and preventing future generations from engaging in this dehumanizing practice. These directives encompass various facets of rehabilitation, including financial assistance, education, housing, vocational training, and alternative employment opportunities. The court emphasized the need for comprehensive rehabilitation to restore the dignity of manual scavengers and their families. Additionally, the court addressed specific issues such as sewer deaths, railway sanitation, and the removal of bureaucratic hurdles in accessing benefits. Notably, the court underscored the principle of justice and transformation in the rehabilitation process, highlighting the importance of addressing historical injustices and empowering marginalized communities.
Furthermore, in the case of "People's Union for Democratic Rights v. Union of India", AIR 1982 SC 1473, the Supreme Court reaffirmed the constitutional prohibition against forced labor, emphasizing the intrinsic value of human dignity. The court emphasized that no individual should be compelled to perform labor against their will, even if they have entered into a contractual agreement. This ruling underscores the fundamental right to freedom and dignity enshrined in Article 23 of the Constitution, highlighting the imperative to eradicate all forms of forced labor, including manual scavenging.
In "Dr. Balaram Singh v. Union of India, 2023 INSC 950", the Supreme Court reiterated the constitutional obligation to eradicate manual scavenging and uphold the dignity of all citizens. The court emphasized that the eradication of manual scavenging is not only a legal obligation but also a moral imperative rooted in the principles of fraternity and equality. The judgment called upon all stakeholders, including the government and citizens, to actively work towards achieving true fraternity by eliminating the systemic exploitation and oppression faced by manual scavengers. It underscored the need for collective action to dismantle the entrenched social structures that perpetuate caste-based discrimination and ensure that all individuals enjoy the full spectrum of rights and freedoms guaranteed by the Constitution.
Writ Petition 17380 of 2017:
Writ petition (W.P.No.17380 of 2017) was filed before the Madras High Court, seeking the eradication of manual scavenging and the rehabilitation of affected individuals in Tamil Nadu. The petition highlighted the persistent practice of manual scavenging despite legislative measures and judicial interventions. The initial hearing on this matter commenced on 14.07.2017 wherein Senior Counsel Srinath Sridevan representing Safai Karmachari Andolan(petitioner), argued that the practice constitutes a violation of fundamental human rights, specifically the right to life with dignity guaranteed under Article 21 of the Indian Constitution.
The court's focus during this hearing centred on key provisions within the PEMSR Act. Section 6 renders contracts for manual scavenging null and void, while simultaneously protecting existing workers by mandating that they be offered alternative employment. Section 7 explicitly prohibits the employment of any individual for the hazardous cleaning of sewers and septic tanks.
The court acknowledged that contravening Sections 5, 6, and 7 of the 2013 PEMSR Act carries penalties. However, the primary emphasis was placed on achieving immediate compliance. Orders were issued directing the respondents, the state of Tamil Nadu and the Union Government, to take immediate steps to ensure that no further violations of Sections 5, 6, and 7 of the PEMSR Act occur. In essence, this mandates the cessation of manual scavenging practices. Additionally, the court issued notices to the respondents requiring them to submit written responses within a two-week timeframe.
Continuing Deaths and Court Interventions:
Despite legislative measures and judicial scrutiny, the grim reality of manual scavenging persisted, leading to tragic deaths and injuries. With each hearing, the court was confronted with the stark evidence of ongoing suffering and systemic failures, compelling it to intervene and demand accountability from authorities.
The court recorded about the deaths caused by manual scavenging and the complaints filed, urging the concerned authorities to take stringent action and implement preventive measures to eradicate this inhumane practice. However, the lack of effective enforcement mechanisms and social awareness perpetuated the problem, allowing manual scavenging to thrive in the shadows of society.
Directions of Hon'ble Madras High court
The culmination of years of legal battles and relentless advocacy came on 29.04.2024, with the Madras High Court's landmark ruling. In this historic judgment, the court reaffirmed its commitment to upholding human dignity and issued comprehensive guidelines to combat manual scavenging effectively.
The court acknowledges the critical role of the judiciary in upholding constitutional values and laws, emphasizing that manual scavenging, despite being outlawed, continues to exist due to deep-rooted social norms, caste-based discrimination, and systemic failures. Despite previous orders and assurances from authorities, manual scavenging persists, perpetuating inequality and oppression.
The high court order dated 29.04.2024 outlined various directives and guidelines to address the scourge of manual scavenging comprehensively. These included:
Stringent Action Against Violators: The court directed authorities to take stringent action against those engaging or employing persons for manual scavenging, emphasizing the need for accountability and deterrence.
Provision of Protective Equipment: Authorities were instructed to provide protective and safety equipment to manual scavengers in accordance with the PEMSRAct, ensuring their safety and well-being while performing sanitary works.
Mechanization of Sewer and Septic Tank Cleaning: The court mandated the complete mechanization of clearing sewer, septic tank, and stormwater drains, recognizing the hazards associated with manual entry into these spaces.
Strict Implementation of the Act: The court emphasized the strict implementation and compliance of the PEMSR Act, 2013, urging authorities to ensure its effective enforcement.
Sensitization and Rehabilitation: Authorities were directed to sensitize sanitary workers and manual scavengers about the perils of manual scavenging, as well as the legislative provisions and rehabilitation schemes available for their welfare.
Compensation and Rehabilitation: The court underscored the importance of providing adequate compensation and rehabilitation to the families of manual scavengers who lost their lives or suffered injuries in the line of duty.
In the pursuit of justice and the eradication of manual scavenging, we owe a debt of gratitude to the tireless efforts of NGO Safai Karmachari Andolan, whose relentless advocacy and commitment to social justice have been instrumental in bringing about this historic ruling. Furthermore, we express our deepest appreciation to Senior Counsel Srinath Sridevan for his exemplary legal acumen, and unwavering commitment to upholding justice in presenting the case before the court have been invaluable in securing this landmark ruling. The Madras High Court's ruling stands as a beacon of hope and a testament to the power of the judiciary in championing the rights of the marginalized. We express our sincere hope and trust that the aforementioned order of the Madras High Court will be meticulously followed by the state government and relevant authorities. It is our fervent expectation that this order will effectively contribute to bringing an end to the inhuman practice of manual scavenging.
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