Safai Karmachari Andolan v. Union of India

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, based on official statistics from 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, the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, was enacted. However, a report submitted by the CAG evaluating the 'National Scheme for Liberation and Rehabilitation of Scavengers and their Dependents’ 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

• This Hon'ble court examined that as the practice of untouchability was associated with pollution and polluting activities such as manual scavenging, 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 (Right to life and dignity).

• It was observed that to eradicate this problem at all levels including cleaning of railway tracks and sewage, 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 the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, and to take requisite actions for non-implementation and violations of such provisions.

{pg 1210 Indian Constitutional Law, by MP Jain 8th ed} {pg 118, Constitution of India, by VN Shukla 14th ed}