Expressing concern about the continued existence of manual scavenging in modern times, the Madras High Court has introduced a series of directives aimed at eliminating this practice and ensuring adherence to the Prohibition of Employment as Manual Scavengers and the Rehabilitation Act, 2013.

The Chief Justice SV Gangapurwala and Justice Sathya Narayana Prasad, sitting on the bench, observed that while manual scavenging may have been necessary in times when technology was lacking, persisting with this practice in the present era, marked by technological advancements, amounts to state-sanctioned casteism, contravening the constitutional principles.

The court further emphasized that the absence of funds cannot serve as a valid excuse for perpetuating this practice. As the guardian of fundamental rights, the Court cannot remain passive and tolerate the systematic relegation of the oppressed class to a cycle of poverty, poor health, and indignity, thereby flouting their inherent rights enshrined under Article 21 of the Constitution.

During the proceedings, the court was reviewing a petition filed by the Safai Karamchari Andolan, which sought the eradication of manual scavenging within the state and the effective enforcement of the Prohibition Act.

The court underscored that the elimination of manual scavenging demanded a collaborative effort from various stakeholders, including the government, civil society organizations, employers, and communities. Furthermore, the court emphasized that under human rights law, there exists a legal obligation to safeguard the welfare of all individuals, irrespective of their caste, gender, or socio-economic status.

The court expressed deep concern, describing manual scavenging as a scourge on society that not only violates human rights but also undermines the dignity of marginalized communities. It remarked that manual scavenging serves as a poignant reminder of the enduring inequalities and discrimination entrenched within our societal fabric.

Highlighting the grave physical and mental health hazards posed by manual scavenging, in addition to the systemic marginalization experienced by the affected community, the court issued a set of comprehensive guidelines. These guidelines are intended to be adhered to by both the state authorities and corporations, with the aim of effectively eliminating the practice of manual scavenging.

The court issued directives for the state to take robust measures against individuals or entities involved in employing individuals for manual scavenging. Additionally, it instructed the state to ensure the provision of protective gear and safety equipment for individuals engaged in sanitary work. Furthermore, the court recommended the full mechanization of cleaning processes and emphasized the importance of providing comprehensive awareness and sensitization programs to workers regarding the dangers associated with manual scavenging.

The court urged the State to rigorously enforce and adhere to the provisions of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013. Additionally, it called for an increase in compensation for fatalities and permanent disabilities resulting from manual scavenging activities. Furthermore, the court directed the formulation of a scheme to provide compassionate appointments to the family members of deceased scavenger workers.

In addition to mandating strict action against those involved in employing individuals for manual scavenging, the court also ordered free health checkups for the workers. Emphasizing the urgency of the matter, the court underscored that concerted efforts must be made to eradicate manual scavenging gradually, with the goal of complete elimination by 2026.

Case Title: Safai Karamchari Andolan v Union of India and Others

Case No: WP 17380 of 2017