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Order of the Supreme Court of India regarding implementation of Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, 22/02/2023

  • 22/02/2023

Order of the Supreme Court of India in the matter of Dr. Balram Singh Vs Union of India & Others dated 22/02/2023.

The matter related to the implementation of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013.

The SC had earlier also dealt with the subject in the case of 'Safai Karamchari Andolan And Others vs. Union of India And Others” reported in (2014) 11 SCC 224'. The court had then dealt with the provisions of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013.

The Supreme Court (SC) directed the Union of India to file an affidavit through the Ministry of Social Justice and Empowerment placing on record the steps taken pursuant to the judgment of the SC in March 27, 2014 regarding status of implementation of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act including the steps towards rehabilitation of such persons falling within the definition of ‘manual scavengers’.

The SC, February 22, 2023 also asked the government of India to inform on the following:

1. Steps taken towards abolition/demolition of dry latrines, statewise

2. Status of dry latrines and safai karamcharies in Cantonment Boards and Railways

3. Employment of safai karamcharies in Railways and Cantonments Boards whether directly or indirectly i.e. through contractors or otherwise

4. Statewise set up of municipal corporation and the nature of equipment (as well as the description of technical equipment), deployed by such bodies to mechanize sewage cleaning 5. The feasibility of developing internet based solutions for real time tracking of sewage deaths and action taken by their concerned authorities including the appropriate Government towards payment of compensation and rehabilitation of families.