[Manual Scavenging] “Shocks judicial conscience, as it should the society’s collective conscience:” Orissa High Court registers suo motu case

The shameful practice of making persons belonging to the underprivileged and poorest sections in India undertake the hazardous task of manual scavenging continues unabated, the Orissa High Court observed on Monday, while registering a suo motu case over the issue (In Re: Deaths of Sanitation Workers v. State of Odisha and Others)..The Bench of Chief Justice Dr. S. Muralidhar and Justice BP Routray has observed that the continuance of the said practice despite the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (PEMSR Act) “shocks the judicial conscience, as it should the society’s collective conscience.”.The Court further observed that it is inexplicable that this deplorable practice is condoned in a democratic country governed by a Constitution which assures dignity to the individual..“When Article 17 was written into the Indian Constitution more than seventy years ago, abolishing untouchability, forbidding its practice in any form and declaring that enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law, it was with the hope that the practice of untouchability in general and manual scavenging in particular would not continue in a free and independent India. It is inexplicable that a democratic country governed by the Constitution, the Preamble to which assures to all Indians social justice, equality of status and of opportunity, fraternity assuring the dignity of the individual, should witness, and condone, in the 21st century, the deplorable practice of making humans enter sewer lines and septic tanks that require cleaning, without protective gear, and in that process sacrifice their lives for the better health of their fellow beings”, reads the order..The Court also adverted to statistics maintained by the Union Ministry of Social Justice and Empowerment which indicates that in the last five years, at least 340 sanitation workers in India lost their lives cleaning sewers and septic tanks..The Bench took up the case in view of the tragic deaths of sanitation workers during manual scavenging at Bhubaneswar and Cuttack. In particular, two incidents drew the attention of the Court. .As per the reports of 'New Indian Express' dated April 16, a sanitation worker had entered a sewer line which was over 15 feet deep and become unconscious inside the tank due to asphyxiation. Two other sanitation workers went inside to rescue him, but they too fell unconscious. All the three workers were brought out with the help of firefighters and rushed to the Hospital, Cuttack. The hospital authorities declared two of them, brought dead, whereas the third one was stated to be in a critical condition. All of them were in the age group of 30 to 35 years, the Court noted. .Another incident took place on March 19 in Cuttack, when two sanitation workers engaged in the maintenance of a sewage tank died of asphyxiation. Both of them were rescued by the Orissa fire brigade service, but were brought dead to the local hospital..The High Court has now ordered that compensation of Rs.10 lakhs each be disbursed to the family of each of the sanitation workers who died in these incidents..There appeared to be egregious violations of the PEMSR Act in these incidents, the Court has remarked. The Court has directed the State to ensure that the criminal law process has been set in motion in respect of these two incidents, as required under Section 9 read with Section 10 of the PEMSR Act. The Court is to be informed about the status of the enquiry in the Cuttack incident once it is complete. A copy of the enquiry report and corrective steps taken is to be placed before the Court. .The Bench observed that the Supreme Court has issued directions against the practice of manual scavenging in Safai Karmachari Andolan v. Union of India and Delhi Jal Board v. National Campaign for Dignity & Rights of Sewerage & Allied Workers..“In Safai Karmachari Andolan v. Union of India (supra), the Supreme Court noted that the official statistics issued by the Ministry of Social Justice and Empowerment for the year 2002-2003 “puts the figure of identified manual scavengers at 6,76,009. Of these, over 95% are Dalits (persons belonging to the scheduled castes), who are compelled to undertake this denigrating task under the garb of ‘traditional occupation’. The manual scavengers are considered as untouchables by other mainstream castes and are thrown into a vortex of severe social and economic exploitation”, it was noted further..As such, the Court has also opined it necessary to examine the various legal issues that arise from such incidents, including the applicability of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (SC/ST Act) and its Rules..Therefore, the Court has also directed the State authorities to examine if any of the victims belong to the SC or ST so that the relevant provisions of the SC/ST Act and the Rules can be activated..Pertinently, the suo motu case would not be restricted only to the two recent incidents that have come to the fore, but would concern all deaths due to manual scavenging that has taken place since 1993, the Bench said. .The Court has called for affidavits indicating the compliance of its directions from the concerned Collectorate authorities by the next hearing. The State of Odisha is to file a separate affidavit on:1. The steps take to implement, in letter and spirit, the various provisions of the PEMSR Act and the Rules thereunder, as well as the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 Act,2. The statistics relating to deaths of sanitation workers since 1993, the compensation paid in respect of each such death,3. Whether identified manual scavengers and/or sewer/septic tank cleaners have been rehabilitated,4. Whether the parties who violated the law have been prosecuted and punished according to law..Separate affidavits are to be filed explaining why the sanitation workers who died in the tragic incidents at Cuttack and Bhubaneshwar were asked to undertake hazardous cleaning of the sewer line and septic tank..Advocates Bibhu Prasad Tripathy and Pami Rath have been appointed as the amicus curiae to assist the Court in the matter..The Secretary, Odisha State Legal Services Authority (OSLSA) has also been directed to immediately contact the family of the victims, both in Cuttack and in Bhubaneswar, and enquire if they need legal assistance..The matter is next listed on May 10, 2021..On a related note, the Madras High Court has also recently expressed strong opinions against the continuance of manual scavenging. A Bench headed by Chief Justice Sanjib Banerjee has opined that the heads of local body authorities which engage manual scavengers ought to be held responsible when such incidents occur. This case is still pending before the Madras High Court, which has hinted that it may issue guidelines to put a complete end to the practice. .[Manual Scavenging] "We can issue some guidelines and put a complete end to this nonsense:" Madras High Court .The Karnataka High Court has also expressed concern that there is hardly any implementation of the prohibition on manual scavenging in India. .State Government failed to implement Prohibition of Employment as Manual Scavengers Act and Rules despite Court orders: Karnataka High Court.[Read Orissa High Court's Order]