‘Deplorable Practice’: SC Directs Complete Eradication Of Manual Scavenging, Hikes Compensation

In an important directive for the fight against manual scavenging in India, the Supreme Court on Friday issued an order to both the Union Government and all State Governments to ensure the complete eradication of this deplorable practice. Expressing deep concern over the persistence of manual scavenging, the Supreme Court has called for immediate action while increasing compensation for cases of sewer deaths, now set at Rs 30 lakhs, legal news platform Live Law reported.

Additionally, in cases of permanent disablement resulting from sewer operations, the compensation has been raised to Rs 20 lakhs, while for other forms of disablement, it must not be less than Rs 10 lakhs, the SC bench ordered.

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A bench comprising Justices S. Ravindra Bhat and Aravind Kumar also laid down a comprehensive framework for the effective implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013. The bench emphasised the need for active measures to rehabilitate the victims and their families, including ensuring scholarships and other skill development programs, the Live Law report stated.

The case in question, Dr. Balram Singh v. Union of India, is a Public Interest Litigation filed against the employment of manual scavengers. While pronouncing the judgment, Justice Bhat invoked the words of Dr. Bhimrao Ambedkar, stating, “Ours is a battle not for wealth or power. It is a battle for freedom. It is a battle for the reclamation of human personality.”

He continued to highlight the importance of upholding the promises enshrined in the Constitution. “If you have to be truly equal in all respects, the commitment that Constitution makers gave to all sections of society by entrenching emancipatory provisions such as Articles 15(2), 17 and 23 and 24, each of us must live up to its promise. Union and States are duty-bound to ensure that the practice of manual scavenging is completely eradicated,” he stressed, as quoted by Live Law.

Justice Bhat emphasised the duty of all citizens to realise true fraternity saying, “It is not without reason that our Constitution has placed great emphasis on the value of dignity and fraternity. But for these two, all other liberties are a chimera.”

“All of us today who proudly bask in the achievements of our republic have to awaken and arise so that the darkness that has been the fate of generations of our people is dispelled, and they enjoy these freedoms and justice – social, economic, and political – that we take for granted,” he added, as per the report.