Madras High Court seeks status report on measures taken to completely eradicate Manual Scavenging

The Madras High Court on Wednesday sought a status report from the State government on the measures taken to completely eradicate the practice of manual scavenging (Safai Karamchari Andolan and Others v. Union of India and Others)..A Division Bench of Chief Justice Sanjib Banerjee and Justice PD Audikesavalu was hearing a batch of petitions on the issue, including one by NGO Safai Karamchari Andolan.“Something has to be done socially for them. They are born thinking that this is what they’ll do and that cannot be. Opportunity for regular life must be available so if you can create some opportunities for them,” the Court orally observed..A government had filed a status report as ordered previously, but there were certain issues raised by the petitioners with regard to the same. Among the changes sought was an increase in the quantum of compensation payable upon death of persons undertaking manual scavenging, which the State had capped at ₹10 lakh based on a Supreme Court order. The petitioners prayed for an increased compensation of ₹50 lakh..The Bench agreed that the compensation was too low as it was fixed in 2014. It, thus, directed the State to use 2014 as the base year and to calculate the increase based on wholesale price index or any other relevant index.“In case of a death, compensation of ₹10 Lakh as agreed to be paid by the State may be too low since it was fixed in 2014 and the cost of living and price indexes have uniformly gone up since,” the Bench observed..Further, Advocate Srinath Sridevan appearing for the petitioners stated that no criminal prosecution, which was the only deterrent, was being pursued against local body heads and requested that the same be considered.“What they’re doing now is they are initiating criminal proceedings against contractors and disciplinary proceedings against local body heads. The only deterrent is if local body heads also initially are prosecuted. Of course they may prove they have nothing to do with it & come out after trial. We request that local body heads also be prosecuted," Sridevan added..Additionally, a discrepancy was recognised by the petitioners in the number of manual scavengers recognized by the State. It was brought to the Court’s attention that as per the State government’s 2014 report, there were only 462 manual scavengers in the entire State. However, it was contended that the real number was 3,000 plus. Sridevan argued,“Unless we know who the manual scavengers are, we will never be in a position to actually reach out to them and rehabilitate them. There is a stigma attached to manual scavenging. Unless the State Government makes necessary effort, they will not come forward. It is not a matter of pride to say you’re a manual scavenger. The State Government will have to reach out to them, there will have to be some level of outreach.”.After considering the submissions, the Bench sought a fresh status report and listed the matter for further hearing after four weeks..On a previous date of hearing, the Court directed municipal body authorities and corporations across the State to make sure that no manual scavenging takes place within their jurisdictions and to file written undertakings to this effect.The High Court had also reiterated that heads of municipal bodies and commissioners of corporations would be held personally liable if any manual scavenging activity is found to have taken place within their jurisdiction..File undertakings that no manual scavenging will be permitted: Madras High Court to local authorities