Supreme Court’s Landmark Ruling: Towards the Eradication of Manual Scavenging In India

Introduction

The horrible Indian practice of manual scavenging entails the coercion of people into cleaning untreated human waste from dry latrines, ditches, pits, and toilets. Guide scavenging is a persistent problem that may be tracked via several obstacles, despite attempts by lawmakers to reduce this cruel practice. Manual scavenging presents a number of difficulties. Disrespectful working conditions are the root of the first problem. Manual scavengers put their health at extreme hazard due to the fact to the deteriorating and threatening working occasions they bear, now and again without the necessary protective equipment. Second, prejudice and social stigma is probably gift. Manual scavengers face prejudice and discrimination from society, which keeps them at the bottom of the social ladder.

Safeguarding Workers, Uplifting Lives: The 2013 Act Combatting Manual Scavenging in India

The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, is a huge law in India that addresses the problem of manual scavenging. It explicitly prohibits the engagement of humans inside the dangerous exercise of manual scavenging and the cleaning of sewers without good enough shielding machine. The law emphasizes the important use of protection equipment to make certain the well-being of sanitation humans. Furthermore, it makes a speciality of entire rehabilitation measures, consisting of the deliver of alternative employment possibilities and capability development programs, geared toward uplifting individuals from the degrading practice of guide scavenging and integrating them into dignified livelihoods. The act also mandates surveys for the identity of guide scavengers, forming the basis for focused rehabilitation efforts.

Manual Scavenger

[Image Sources: Shutterstock]

Balram Singh V. Union Of India & Ors (2023 Scc Online Sc 1386)

he Supreme Court’s choice within the case of Balram Singh v. Union of India (2023) on October 20, 2023, modified into a landmark ruling addressing the problem of manual scavenging in India. Manual scavenging refers to the deplorable exercise wherein people are forced to smooth untreated human excreta from dry bathrooms, latrines, ditches, and pits. The petitioner, Balram Singh, sought a complete ban on manual scavenging, contending that notwithstanding the life of two legislations prohibiting it on account that 1993, the exercise endured with out the availability of protecting equipment. Moreover, Singh highlighted a legislative hole concerning the rehabilitation of workers engaged in guide scavenging.

In response, the Union authorities submitted a testimony detailing the measures taken to put in force current regulation. However, the affidavit discovered a extensive deficiency in mechanization for cleaning sewer lines or septic tanks. In light of those findings, the Supreme Court, in October 2023, issued directives aimed toward the whole eradication of manual scavenging.

The judgment emphasized the provisions of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013, which explicitly prohibits any character from entering direct contact with human excreta without appropriate shielding gear and cleansing gadgets. Additionally, the courtroom addressed the difficulty of compensation for sewer deaths, increasing the amount from Rs.10 lakh to Rs.30 lakh.

This selection underscored the judiciary’s commitment to eradicating the inhumane exercise of manual scavenging and highlighted the inadequacies within the implementation of present law. The courtroom’s directives now not most effective sought to remove manual scavenging but also addressed the need for correct rehabilitation measures for affected workers, emphasizing the importance of mechanization in sanitation paintings.

Conclusion

While legal frameworks exist in India to address artificial emissions, ongoing challenges underscore the need for sustained efforts. The commitment of the Judiciary, as seen in cases like Balram Singh v . Union of India (2023), also gives hope for a future where manual labor is abolished and the dignity and welfare of sanitation workers are given priority. Continued public awareness, strict enforcement of laws and technological advances in sanitation are important factors in the journey towards a carbon-free manual air-conditioning India.

Author: Aanchal Gorani, in case of any queries please contact/write back to us via email chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.

Leave a Reply

Categories

Archives

  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021
  • August 2021
  • July 2021
  • June 2021
  • May 2021
  • April 2021
  • March 2021
  • February 2021
  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • September 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010