SAFAI KARMACHARI ANDOLAN V. UNION OF INDIA (2014) 11 SCC 224

SAFAI KARMACHARI ANDOLAN V. UNION OF INDIA (2014) 11 SCC 224

 

FACTS

In the current case, it was examined that the organisations have estimated that there are over 12 lakh manual scavengers undertaking the degrading human practice in the country, the official statistics issued by the Ministry of Social Justice and Empowerment for the year 2002-2003. The manual scavengers are considered as untouchables by other mainstream castes and are thrown into a vortex of severe social and economic exploitation. Over the years multiple committees and an act Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 was enacted but over a report submitted by the CAG which evaluated the scheme National Scheme for Liberation and Rehabilitation of Scavengers and their Dependents’ and concluded that it failed to achieve its desired outcome. Hence, in December, 2003 the Safai Karamchari Andolan along with six other civil society organisations as well as seven individuals belonging to the community of manual scavengers filed the present writ petition under Article 32 of the Constitution on the ground that the continuation of the practice of manual scavenging as well as of dry latrines is illegal and unconstitutional since it violates the fundamental rights guaranteed under Articles 14, 17, 21 and 23 of the Constitution of India and the 1993 Act.

 

ISSUE

The issue pertaining to the current case reflected the plea of issuance of the writ of Mandamus  to the respondents to strictly enforce the implementation of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 (in short ‘the Act’), and seeking for enforcement of fundamental rights guaranteed under Articles 14, 17, 21 and 47 of the Constitution of India.

 

JUDGEMENT AND ANALYSIS

1. This Hon'ble court examined that as the practice of untouchability was associated with pollution and polluting activities such as manual scan. engine, Parliament enacted the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 relying among others on Article 17. But the Act could not have the expected impact because, among others, it did not have adequate provisions for rehabilitation and alternative employment of the manual scavengers. The continuance of inhumane or obnoxious practices of manual scavenging violated the Article 21 of the Constitution.
2. It was observed that the continuance of inhumane or obnoxious practices of manual scavenging violates the Article 21 of the Constitution. Directives were issued to fully implement prohibition of employment as manual scavengers and their rehabilitation act 2013 and to take requisite actions for non implementation and violations of such provisions.
3. The court observed that to eradicate this problem at all levels including cleaning of railway tracks and sewage, that Parliament had enacted the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. Directives such as effective enforcement through rehabilitation and for payment for any injuries or loss of life in carrying out any scavenging of sewer cleaning jobs were issued to fully implement prohibition of employment as manual scavengers and their rehabilitation act 2013 and to take requisite actions for non implementation and violations of such provisions.