Allahabad High Court seeks State response in PIL filed by law students for implementation of Manual Scavengers Act

The Allahabad High Court on Thursday directed the State government to file it response to a petition filed by law students seeking implementation of the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 in the State of Uttar Pradesh (Anupriya Yadav v. Union of India and Ors)..A Bench of Chief Justice Govind Mathur and Justice Ajai Kumar Srivastava-I sought a response after taking note of the systematic survey and the recommendations tabled by the petitioners. The order states,"Having considered all relevant facts of the case, we deem it appropriate to call upon State of Uttar Pradesh, Nagar Nigam, Prayagraj and Jal Nigam, Prayagraj to response the contents of the petition for writ at earliest. Let this petition for writ be listed on 12th April, 2021. The respondents shall positively file the response to the petition for writ on or before 9th April, 2021 after supplying a copy of the same to either petitioner no. 1 or 2 at the address given.".The petitioners had conducted a detailed study on the issue of manual scavenging in the city of Prayagraj and other adjoining areas. The study found that no adequate safety equipment was provided to persons who are still undertaking manual scavenging, which is prohibited under the 2013 Act,The petitioners also argued that the object of the 2013 Act is to abolish the dehumanizing practice..Recommendations made by the petitioners.On the basis of the findings of their study, the petitioners made the following recommendations:Technological intervention, like suction machines should be made available to prevent Manual Scavenging.Training of local bodies or sanitation inspectors about the act, safety procedure, technical know how of cleaning devices, should be imparted effectively.Proper awareness program regarding the MS Act 2013 and its effective implementation in the ground should also be made priority, and sensitization for the authorities should be done.Monitoring authorities to ensure compensation for the families and penalizing the implementation agencies at fault.Comprehensive rehabilitation of the families should be provided. One adult family member of the deceased should be given adequate skill training and an opportunity of employment.Allotment of the due amount of scholarship and effective implementation of the scheme for children whose parent/s are engaged in occupations involving cleaning.Appropriate infliction of penalty on those involved in the offence of employing people for the de-humanizing practice of manual scavenging.Adequate budget allocation for the implementation of the Scheme for Rehabilitation of Manual Scavengers (SRMS).Regulation of sanitation work is needed for enumeration of sanitation workers, empanelment of private service providers, adoption of standard operating procedures, mechanization of sanitation work, and setting up an Emergency Response Sanitation Unit..All the petitioners, namely, Anupriya Yadav, Vaishali Gupta, Prakriti Agrawal, Prashanti Upadhyay, Ananya Prakash, Shikha Mishra, Aditya Kumar Rai and Divyotsav Singh, appeared in person before the Court. .The matter will be heard next on April 12..[Read order]