SC – Historic Judgment in fight to eradicate manual scavenging

New Delhi

. March 27, 2014

Safai Karmachari Andolan welcomes historic judgment of Supreme Court on eradication of inhuman

practice of manual scavenging. In its judgment today Supreme Court has deprecated the

continuance of manual scavenging in the

country

in blatant violation of Article 17 of the

Constitution of India

by which, “untouchability is abolished and its practice in any form is

forbidden”. The court was emphatic about the duty cast on all sates and union territories “to

fully implement (the

Law

) and to take action against the violators. In a significant

endorsement of concerns raised by Safai Karmachari Andolan, the Supreme Court directed the

government to, “Identify the families of all persons who have died in sewerage work (manholes,

septic tanks

) since 1993 and award compensation of Rs.10 lakhs for each such death to the

family members depending on them”.The judgment has been given by Supreme Court Bench headed by

Chief Justice

P Sathasivam.

The court has been categorical that, “If the practice of manual scavenging has to be brought to

a close and also to prevent future generations from the inhuman practice of manual scavenging,

rehabilitation of manual scavengers will need to include:-

(a) Sewer deaths – entering sewer lines without safety gears should be made a crime even in

emergency situations. For each such death, compensation of Rs. 10 lakhs should be given to the

family of the

deceased

.

(b) Railways– should take time bound strategy to end manual scavenging on the tracks.

(c) Persons released from manual scavenging should not have to cross hurdles to receive what is

their legitimate due under the law.

(d) Provide support for dignified livelihood to safai karamchari women in accordance with their

choice of livelihood schemes.

Court also said that rehabilitation must be based on the principles of justice and

transformation. The court also directed the

Indian Railways

, which is the largest employer of

manual scavengers in the country, to take time bound strategy to end manual scavenging on the

tracks.

National convenor of Safai Karamchari AndolanBezwada Wilsonsaid that,this is a victory of

manual scavengers who have been fighting across the country for their liberation against the

denial of central and various state governments repeatedly.The court acknowledged the

significance of the data provided by the petitioner Safai Karmachari Andolan in its 12 years

legal battle demonstrating, “that the practice of manual scavenging continues unabated. Dry

latrines continue to exist notwithstanding the fact that the 1993 Act was in force for nearly

two decades. States have acted in denial of the 1993 Act and the constitutional mandate to

abolish untouchability.”

Safai Karmachari Andolan, who has been spearheading the movement to end this obnoxious practice

of manual scavenging across the country from last thirty years, said that the judgment has been

huge armor in our fight and we are not going to rest until this judgment is fully implemented

in letter and spirit across the country. The mission of Safai Karmachari Andolan is not to

sleep until the last

manual scavenger

is liberated and rehabilitated with a dignified

profession.

—

Bezwada Wilson

National Convenor

Safai Karmchari Andolan,

36 / 13 Ground Floor, East Patel Nagar

New Delhi – 110 008

Mob – 09311234793 , Ph-01125863166

www.safaikarmchariandolan.org