SAFAI KARAMCHARI ANDOLAN & ORS. versus UNION OF INDIA & ORS.

SAFAI KARAMCHARI ANDOLAN & ORS. versus UNION OF INDIA & ORS.

Due to the intervention and directions of the Supreme Court, the Government brought into force the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The Act fully covers the field, and the Court directs all States and Union Territories to implement its provisions, ensure...

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Parties
Petitioner: Safai Karamchari Andolan & Ors.; Respondent: Union of India & Ors.
Jurisdiction
India
Judgment Date
27 March 2014
Procedural Posture
Writ Petition (civil) / Final Disposal
Outcome
Writ petition disposed of with directions; no order in contempt petition.
Legal Topics
Prohibition of Manual Scavenging, Enforcement of Fundamental Rights, Untouchability Abolition, Implementation of Statutory Schemes, Rehabilitation of Manual Scavengers
Constitutional Law Human Rights Administrative Law Social Welfare Law Prohibition of Manual Scavenging Enforcement of Fundamental Rights Untouchability Abolition Implementation of Statutory Schemes +1 more

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Parties

Safai Karamchari Andolan & Ors.

Petitioner

Union of India & Ors.

Respondent

Procedural Posture

Writ Petition (civil) / Final Disposal

Legal Issues

  1. 1 Whether the practice of manual scavenging and existence of dry latrines violate Articles 14, 17, 21 and 47 of the Constitution of India
  2. 2 Whether the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and its successor, the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, are being enforced effectively
  3. 3 What directions are required for full implementation and rehabilitation of manual scavengers

Ratio Decidendi

Due to the intervention and directions of the Supreme Court, the Government brought into force the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The Act fully covers the field, and the Court directs all States and Union Territories to implement its provisions, ensure rehabilitation and welfare measures, and award compensation to families of sewer deaths. No further monitoring by the Supreme Court is required; aggrieved persons should approach the appropriate authorities or the High Court.

Court Disposition

Writ petition disposed of with directions; no order in contempt petition.

Orders

  • Manual scavengers identified under the 2013 Act to be rehabilitated as per Part IV provisions: cash assistance, scholarships for children, allotment of plot or house, training in livelihood skill, concessional loan for alternative occupation, other programmatic assistance as notified.
  • Sewer deaths: entering sewer lines without safety gear made a crime; Rs. 10 lakhs compensation for each such death to family.