Source: Bombay High Court  

Why in News?

The Bombay High Court recently directed the Maharashtra government to establish a social media platform for reporting manual scavenging incidents. This initiative aims to assist District Level and Vigilance Committees in enforcing the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, ensuring effective action against manual scavenging practices. 

• Justices Nitin Jamdar and Milind Sathaye held in the matter of Shramik Janata Sangh v. State of Maharashtra. 

What was the Background of Shramik Janata Sangh v. State of Maharashtra? 

• The Shramik Janata Sangh filed a plea in the Bombay High Court for manual scavenging in Maharashtra. 
• The petition also sought proper compensation for the families of manual scavengers who died due to this practice. 
• The Maharashtra government, through its Nodal Officer (Commissioner, Social Welfare Department, Pune), had previously claimed that all 36 districts in the state were free from manual scavenging. 
• This claim was based on certificates submitted to the Government of India by the Collectors of all 36 districts on 2nd August, 2023. 
• The petitioners disputed this claim, citing instances of manual scavenging occurring in April and August 2024 in some districts across the state. 
• The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, is the primary legislation governing this issue. 
• The petitioners also questioned why compensation was given in 81 cases if manual scavenging had been eradicated, as per state records. 
• The Act mandates the formation of District Level Committees and Vigilance Committees to ensure the prohibition of manual scavenging. 
• The National Human Rights Commission had raised queries regarding the death of certain manual scavengers in April 2024, which is relevant to the case. 
• The case involves the interpretation of the definition of "Manual Scavenger" as per Section 2(g) of the 2013 Act, in light of a Supreme Court judgment in the case of Dr. Balram Singh v. Union of India. 
• The petition seeks to address the discrepancy between the state's claims of eradicating manual scavenging and the reported instances of its continuation. 

What were the Court’s Observations? 

• The Court noted a discrepancy between the State's claim of eradicating manual scavenging and the petitioners' evidence of its continued occurrence, necessitating further inquiry into the current status of manual scavenging in Maharashtra. 
• The Court emphasized the importance of adhering to the definition of "Manual Scavenger" as per Section 2(g) of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, as interpreted by the Supreme Court in Dr. Balram Singh v. Union of India & Ors.,(2023) 
• The Court observed that the certificates submitted by District Collectors declaring districts free of manual scavenging pertained to the position in 2023 and not the current situation, thus requiring a fresh inquiry into recent instances of manual scavenging. 
• The Court recognized the need for greater transparency and accessibility regarding the composition and functioning of the committees mandated under the 2013 Act, including State, District, and Vigilance Committees. 
• The Court observed that the creation of dedicated communication channels, such as email addresses and social media handles, could aid in reporting and addressing instances of manual scavenging more effectively. 
• The Court noted the importance of regular updates and proper documentation of actions taken by the committees under the 2013 Act to ensure ongoing efforts to eradicate manual scavenging. 

What is Manual Scavenging? 

• About 
  • Manual scavenging is defined as the practice of manually cleaning, carrying, disposing of, or otherwise handling human excreta from dry latrines, sewers, and other sanitation facilities. 
  • The practice involves the manual removal of human waste without proper protective equipment or sanitary tools, often using rudimentary implements such as buckets, brooms, and baskets. 
  • The engagement in manual scavenging frequently results in fatalities due to hazardous working conditions, particularly in the cleaning of manholes and sewers without adequate safety equipment. 
• Link with Caste System 
  • This is inseparably linked to the caste system in India, whereby individuals from certain socially marginalized communities have been traditionally relegated to this occupation. 
• Position in Law 
  • The practice of manual scavenging constitutes a severe violation of human dignity and fundamental rights provided in the Constitution of India. 
  • The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, explicitly prohibited the practice of manual scavenging in India. 
  • The Act further reinforced the ban on manual scavenging and provided for the rehabilitation of individuals engaged in this practice. 
  • Despite legislative prohibitions, the manual scavenging practices constitute a contravention of existing laws and a failure to implement constitutional safeguards. 
  • The eradication of manual scavenging necessitates not only stringent law enforcement but also comprehensive socio-economic rehabilitation measures for affected individuals and communities. 

What are the Constitutional Safeguards for Manual Scavengers? 

Constitutional Provision: 

• The Constitution of India, under Article 14, guarantees equality before the law and equal protection of the laws to all citizens, including manual scavengers. 
• Article 17 of the Constitution abolishes untouchability and prohibits its practice in any form, which is particularly relevant to manual scavengers who often face social discrimination. 
• The right to life and personal liberty, provided under Article 21 of the Constitution, extends to manual scavengers, protecting their dignity and livelihood. 
• Article 23 of the Constitution prohibits traffic in human beings and forced labor, which can be invoked to prevent the exploitation of manual scavengers. 

What is Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013? 

About: 

• This Act prohibits the employment or engagement of any person as a manual scavenger. 
• The Act of 2013 mandates the rehabilitation of identified manual scavengers, including provision of alternative employment, financial assistance, and other support measures. 
• Local authorities are legally obligated under the Act to conduct surveys to identify manual scavengers and insanitary latrines within their jurisdiction. 
• The Act establishes a comprehensive institutional mechanism, including Vigilance Committees and Monitoring Committees at various levels, to ensure effective implementation of its provisions. 
• The Act provides that the offenses are cognizable and non-bailable, emphasizing the seriousness of violations related to manual scavenging. 

Major Legal Provisions: 

• Section 5 prohibits the construction of insanitary latrines and the employment of manual scavengers, mandating the conversion or demolition of existing insanitary latrines. 
• Section 7 prohibits the engagement or employment of persons for hazardous cleaning of sewers and septic tanks. 
• Section 11 and Section 14 require Municipalities and Panchayats to conduct surveys to identify manual scavengers in urban and rural areas respectively. 
• Section 13 and Section 16 provide the rehabilitation measures for identified manual scavengers, including provision of photo identity cards, one-time cash assistance, scholarships for children, housing, skill development training, and subsidy for alternative occupation. 
• Section 18 empowers the appropriate Government to confer powers and impose duties on local authorities and District Magistrates for the implementation of the Act. 
• Section 20 provides for the appointment of inspectors with powers to examine premises, conduct inspections, and collect evidence related to the employment of manual scavengers. 
• Section 22 makes offenses under this Act cognizable and non-bailable. 
• Section 24 and Section 26 provides the constitution of Vigilance Committees at district and sub-division levels, and a State Monitoring Committee respectively, to oversee the implementation of the Act. 
• Section 33 places a duty on local authorities to use modern technology for cleaning sewers and septic tanks to eliminate manual handling of excreta. 
• Section 36 empowers the appropriate Government to make rules for carrying out the Act's provisions.