Why in the News?

Recently, the Supreme Court ordered a complete ban on manual scavenging and unsafe cleaning of sewers and septic tanks in major cities across India.

What measures will be implemented to ensure compliance with the ban?

Affidavit Submission: The court has directed the Chief Executive Officers (CEOs) of the six metropolitan cities—Delhi, Mumbai, Chennai, Kolkata, Bengaluru, and Hyderabad to file detailed affidavits by February 13, 2025.
- These affidavits must outline how and when manual scavenging and sewer cleaning will cease in their respective cities.
Monitoring Progress: The court is actively monitoring compliance with its previous judgments, particularly the one from October 2023, which mandated actions to eliminate manual scavenging practices.
Implementation of Technology: The court noted that modern machinery and technology are available for sewer cleaning, suggesting that human involvement should no longer be necessary.

Severe Health Risks: Manual scavengers are exposed to hazardous conditions that pose significant health risks, including exposure to harmful pathogens and toxic gases. This can lead to a range of serious health issues, such as respiratory problems, gastrointestinal diseases, and skin infections.
Social Stigma and Discrimination: Individuals engaged in manual scavenging often face severe social stigma and discrimination due to the nature of their work, which is viewed as “unclean” and tied to lower castes in the Indian caste system.
- This stigma affects not only the workers but also their families, perpetuating cycles of poverty and limiting access to education and better employment opportunities for their children.

Judicial Displeasure: The court expressed frustration over past non-compliance with its orders, indicating that failure to adhere to this latest directive could lead to serious repercussions. The justices stated, “Either do it or face consequences,” emphasizing their determination to enforce compliance.
Potential Legal Action: While specific penalties were not outlined in this order, the strong language used by the court suggests that further legal action could be pursued against officials who fail to comply with the ban on manual scavenging and sewer cleaning.

Human Rights Protection: This ruling is a critical step towards protecting the rights and dignity of marginalized communities who have historically been forced into manual scavenging. The court’s actions highlight the ongoing struggle against inhumane labour practices that violate basic human rights.
Public Health Improvement: By banning hazardous practices such as manual sewer cleaning, the court aims to reduce health risks associated with exposure to toxic gases and pathogens that affect workers in this field.
Legal Enforcement of Existing Laws: This action reinforces existing legislation aimed at prohibiting manual scavenging, including the Prohibition of Employment as Manual Scavengers and the Rehabilitation Act of 2013. It underscores the need for effective implementation of laws designed to protect vulnerable populations.

Way forward:

Strict Law Enforcement & Accountability: The government must establish a robust monitoring mechanism with regular audits, strict penalties for violations, and legal action against officials failing to comply with the Supreme Court’s order.
Technological Adoption & Worker Rehabilitation: Municipal bodies should prioritize mechanized cleaning solutions while ensuring alternative employment, skill training, and financial support for former manual scavengers to facilitate their reintegration into society.