REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.

583 OF 2003 Safai Karamchari Andolan & Ors. Versus Union of India & Ors. WITH .... Respondent(s) .... Petitioner (s)

CONTEMPT PETITION (C) NO. 132 OF 2012 IN WRIT PETITION (CIVIL) NO. 583 OF 2003

JUDGMENT
P.S !" #$% &' CJI. 1) he a!o"e #rit petition has !een filed !$ the petitioners

as a Pu!lic Interest %iti&ation under Article '( of the )onstitution of India pra$in& for issuance of a #rit of mandamus to the respondent*Union of India+ State

,o"ernments and Union

erritories to strictl$ enforce the

1
Page 1

implementation of the -mplo$ment of .anual Sca"en&ers and )onstruction of /r$ %atrines (Prohi!ition) Act+ 100' (in short 1the Act2)+ inter alia+ see3in& for enforcement of fundamental ri&hts &uaranteed under Articles 14+ 15+ (1 and 45 of the )onstitution of India. () (i) B($)* * +!#, he inhuman practice of manuall$ remo"in& ni&ht soil

#hich in"ol"es remo"al of human e6crements from dr$ toilets #ith !are hands+ !rooms or metal scrappers7 carr$in& e6crements and !as3ets to dumpin& sites for disposal is a practice that is still pre"alent in man$ parts of the countr$. 8hile the sur"e$s conducted !$ some of the petitioner* or&ani9ations estimate that there are o"er 1( la3h manual sca"en&ers underta3in& the de&radin& human practice in the countr$+ the official statistics issued !$ the .inistr$ of Social :ustice and -mpo#erment for the $ear (;;(*(;;' puts the fi&ure of identified manual sca"en&ers at <+5<+;;0. Of

these+ o"er 0=> are /alits (persons !elon&in& to the scheduled castes)+ #ho are compelled to underta3e this

2
Page 2

deni&ratin& tas3 under the &ar! of ?traditional occupation@. he manual sca"en&ers are considered as untoucha!les !$ other mainstream castes and are thro#n into a "orte6 of se"ere social and economic e6ploitation. (ii) he su!*)ommittee of the as3 Aorce constituted !$

the Plannin& )ommission in 10B0 estimated that there #ere 5(.;= la3hs dr$ latrines in the countr$. hese dr$ latrines

ha"e not onl$ continued to e6ist till date in se"eral States !ut ha"e increased to 0< la3hs and are still !ein& cleaned manuall$ !$ sca"en&ers !elon&in& to the Scheduled )astes. (iii) Cational Scheduled )astes and Scheduled ri!es

Ainance and /e"elopment )orporation #as set up in Ae!ruar$+ 10B0 as a ,o"ernment compan$ to pro"ide financial Scheduled assistance to all the Scheduled )astes and

ri!es includin& Safai Karamcharis for their

economic de"elopment. (i") he ,o"ernment of India formulated a Scheme 3no#n

as 1%o# )ost Sanitation for %i!eration of Sca"en&ers2 #hich is a centrall$ sponsored Scheme !ein& implemented in 10B0*
3
Page 3

0; for elimination of manual sca"en&in& !$ con"ertin& e6istin& dr$ latrines into lo# cost #ater pour flush latrines and also for construction of ne# sanitar$ latrines. (") 8ith a "ie# to eliminate manual sca"en&in&+ a Scheme

3no#n as 1Cational Scheme of %i!eration and Reha!ilitation of Sca"en&ers and their /ependents2 #as launched in .arch 100( for identification+ li!eration and reha!ilitation of sca"en&ers and their dependents !$ pro"idin& alternati"e emplo$ment after &i"in& the reDuisite trainin&. ("i) Eased on earlier e6perience and 3eepin& in "ie# the recommendations of the Cational Seminar on Rural

Sanitation held in Septem!er 100(+ a ne# strate&$ #as adopted !$ the ,o"ernment of India in .arch 100'. he

emphasis #as no# on pro"idin& sanitar$ latrines includin& the construction of indi"idual sanitar$ latrines for selected houses !elo# the po"ert$ line #ith su!sid$ of B;> of the unit cost of Rs.(+=;;F*. ("ii) In the $ear 100'+ the Parliament enacted the

-mplo$ment of .anual Sca"en&ers and )onstruction of /r$

4
Page 4

%atrines (Prohi!ition) Act+ 100' and it recei"ed the assent of the President on =th :une+ 100'. he lon& title of the Act

descri!es it as an Act to pro"ide for the prohi!ition of emplo$ment of manual sca"en&ers as #ell as construction or continuance of dr$ latrines and for the re&ulation of construction and maintenance of #ater*seal latrines and for matters connected there#ith or incidental thereto. ("iii) he Act+ #hich #as enacted in :une 100'+ remained inoperati"e for a!out 'G $ears. It #as finall$ !rou&ht into force in the $ear 1005. In the first instance+ the Act applied to the States of Andhra Pradesh+ ,oa+ Karnata3a+

.aharashta+

ripura and 8est Een&al and to all the Union

erritories. It #as e6pected that the remainin& States #ould adopt the Act su!seDuentl$ !$ passin& appropriate

resolution under Article (=( of the )onstitution. Ho#e"er+ as noted !$ the Cational )ommission for Safai Karamcharis*a statutor$ !od$+ set up under the Cational )ommission for Safai Karamcharis Act+ 100'+ in its 'rd and 4th Reports (com!ined) su!mitted to the Parliament+ noted that the 100' Act #as not !ein& implemented effecti"el$ and further noted
5
Page 5

that the estimated num!er of dr$ latrines in the countr$ is 0< la3hs and the estimated num!er of manual sca"en&ers identified is =+55+((B. It further noted that manual

sca"en&ers #ere !ein& emplo$ed in the militar$ en&ineerin& #or3s+ the arm$+ pu!lic sector underta3in&s+ Indian Rail#a$s etc. (i6) In (;;'+ a report #as su!mitted !$ the )omptroller and Auditor ,eneral ()A,) #hich e"aluated the 1Cational Scheme for %i!eration and Reha!ilitation of Sca"en&ers and their /ependents2. he conclusion of the report #as that this

Scheme ?has failed to achie"e its o!Iecti"es e"en after 1; $ears of implementation in"ol"in& in"estment of more than Rs. <;; crores@. It further pointed out that althou&h funds #ere a"aila!le for implementation of the Scheme+ much of it #ere unspent or underutili9ed. he )ommittees set up for

monitorin& the Scheme #ere non*functional. It further noted that there #as ?lac3 of correspondence !et#een 1li!eration2 and 1reha!ilitation2 and that ?there #as no e"idence to su&&est if those li!erated #ere in fact reha!ilitated@. concluded that ?the most serious lapse in
6
Page 6

It the

conceptuali9ation and operationali9ation of the Scheme #as its failure to emplo$ the la# that prohi!ited the occupationJ the la# #as rarel$ used@. (6) In /ecem!er+ (;;' the Safai Karamchari Andolan alon&

#ith si6 other ci"il societ$ or&ani9ations as #ell as se"en indi"iduals !elon&in& to the communit$ of manual

sca"en&ers filed the present #rit petition under Article '( of the )onstitution on the &round that the continuation of the practice of manual sca"en&in& as #ell as of dr$ latrines is ille&al and unconstitutional since it "iolates the fundamental ri&hts &uaranteed under Articles 14+ 15+ (1 and (' of the )onstitution of India and the 100' Act. ') 8e ha"e heard the ar&uments ad"anced !$ learned

counsel for the parties and perused the records. R)-$)* #./0"! *.(, 4) he petitioners ha"e approached this )ourt !$ #a$ of

#rit petition in (;;'+ inter alia+ see3in&K (i) to ensure complete eradication of /r$ %atrines7

7
Page 7

(ii)

to declare continuance of the practice of manual sca"en&in& and the operation of /r$ %atrines "iolati"e of Articles 14+ 15+ (1 and (' of the )onstitution and the 100' Act7

(iii) to direct the respondents to adopt and implement the Act and to formulate detailed plans+ on time !ound !asis+ for complete eradication of practice of manual sca"en&in& and reha!ilitation of persons en&a&ed in such practice7 (i") to direct Union of India and State ,o"ernments to issue necessar$ directi"es to "arious .unicipal )orporations+ .unicipalities and Ca&ar Pancha$ats (all local !odies) to strictl$ implement the pro"isions of the Act and initiate prosecution a&ainst the "iolators7 and (") to file periodical )ompliance Reports pursuant to "arious directions issued !$ this )ourt. D$#+/##$.1,

8
Page 8

=)

he practice of untoucha!ilit$ in &eneral and of manual

sca"en&in& in particular #as deprecated in no uncertain terms !$ /r. E.R. Am!ed3ar+ )hairman of the /raftin& )ommittee of the )onstitution of India. )hapter III of the )onstitution+ Article Accordin&l$+ in 15 a!olished

untoucha!ilit$ #hich states as follo#sK

?A!olition of Untoucha!ilit$K ?Untoucha!ilit$@ is a!olished and its practice in an$ form is for!idden. he enforcement of an$ disa!ilit$ arisin& out of ?Untoucha!ilit$@ shall !e an offence punisha!le in accordance #ith la#.@

<)

Article 15 of the )onstitution #as initiall$ implemented

throu&h the enactment of the Protection of )i"il Ri&hts Act+ 10== (formerl$ 3no#n as the Untoucha!ilit$ (Offences) Act+ 10==). Section 5A of the said Act pro"ides that #hoe"er

compels an$ person on the &round of untoucha!ilit$ to do an$ sca"en&in& shall !e deemed to ha"e enforced a disa!ilit$ arisin& out of untoucha!ilit$ #hich is punisha!le #ith imprisonment. 8hile these constitutional and statutor$ pro"isions #ere path !rea3in& in themsel"es+ the$ #ere found to !e inadeDuate in addressin& the continuation of the o!no6ious practice of manual sca"en&in& across the countr$+

9
Page 9

a practice sDuarel$ rooted in the concept of the caste* s$stem and untoucha!ilit$. 5) Apart from the pro"isions of the )onstitution+ there are "arious international con"entions and co"enants to #hich India is a part$+ #hich prescri!e the inhuman practice of manual sca"en&in&. hese are the Uni"ersal /eclaration of

Human Ri&hts (U/HR)+ )on"ention on -limination of Racial /iscrimination ()-R/) and the )on"ention for -limination of all Aorms of /iscrimination A&ainst 8omen ()-/A8). he

rele"ant pro"isions of the U/HR+ )-R/ and )-/A8 are hereunderK

?A(!$+-) 1 .* UDHR All human !ein&s are !orn free and eDual in di&nit$ and ri&hts. he$ are endo#ed #ith reason and conscience and should act to#ards one another in spirit of !rotherhood. A(!$+-) 2(1) .* UDHR -"er$one is entitled to all the ri&hts and freedom set forth in this /eclaration+ #ithout distinction of an$ 3ind+ such as race+ colour+ se6+ lan&ua&e+ reli&ion+ political or other opinion+ national or social ori&in+ propert$+ !irth or other status. A(!$+-) 23(3) .* UDHR -"er$one #ho #or3s has a ri&ht to Iust and fa"oura!le remuneration endurin& for himself and his famil$ an

10
Page 10

e6istence #orth$ of human di&nit$ and supplemented+ if necessar$+ !$ other means of social protection.@

?A(!$+-) 5( ) .* CEDAW States Parties shall ta3e all appropriate measures a) to modif$ the social and cultural patterns of conduct of men and #omen+ #ith a "ie# to achie"in& the elimination of preIudices and customar$ and all other practices #hich are !ased on the idea of the inferiorit$ or the superiorit$ of either of the se6es or on stereot$ped roles for men and #omen. A(!$+-) 2 .* CERD A(!$+-) 2(1)(+) States parties condemn racial discrimination and underta3e to pursue !$ all appropriate means and #ithout dela$ a polic$ of eliminatin& racial discrimination in all its forms and promotin& understandin& amon& all races+ and to his endK (c) each State part$ shall ta3e effecti"e measures to re"ie# &o"ernmental+ national and local policies+ and to amend+ rescind or nullif$ an$ la#s and re&ulations #hich ha"e the effect of creatin& on perpetuatin& racial discrimination #here"er it e6ists7 (d) each State part$ shall prohi!it and !rin& to an end+ !$ all appropriate means+ includin& le&islation as reDuired !$ circumstances+ racial discrimination !$ an$ persons+ &roup or or&ani9ation.@

he a!o"e pro"isions of the International )o"enants+ #hich ha"e !een ratified !$ India+ are !indin& to the e6tent that the$ are not inconsistent #ith the pro"isions of the domestic la#.
11
Page 11

B)

Arom (;;' till date+ this #rit petition #as treated as a

continuin& mandamus. Se"eral orders ha"e !een passed !$ this )ourt ha"in& far reachin& implications. he petitioners

ha"e !rou&ht to focus the non*adoption of the Act !$ "arious States #hich led to ratification of the Act !$ State Assem!lies (includin& the /elhi Assem!l$ #hich ratified the Act as late as in (;1;). he Union ,o"ernment+ State

,o"ernments as #ell as the petitioners ha"e filed affida"its from time to time as per the directions of this )ourt and also as to the compliance of those orders. 0) his )ourt has+ on se"eral occasions+ directed the Union

and State ,o"ernments to ta3e steps to#ards the monitorin& and implementation of the Act. Various orders ha"e

&raduall$ pushed the State ,o"ernments to ratif$ the la# and appoint -6ecuti"e Authorities under the Act. Under the directions of this )ourt+ the States are o!li&ated !$ la# to collect data and monitor the implementation of the Act. 1;) /ue to mountin& pressure of this )ourt+ in .arch+ (;1'+ the )entral ,o"ernment announced a 1Sur"e$ of .anual

12
Page 12

Sca"en&ers2.

he sur"e$+ ho#e"er+ #as confined onl$ to

'=4< statutor$ to#ns and did not e6tend to rural areas. -"en #ith this limited mandate+ as per the information #ith Petitioner Co. 1+ the sur"e$ has sho#n remar3a!l$ little pro&ress. State records in the ?Pro&ress Report of Sur"e$ of .anual Sca"en&ers and their /ependents@ dated (5.;(.(;14 sho# that the$ ha"e onl$ !een a!le to identif$ a miniscule proportion of the num!er of people actuall$ en&a&ed in manual sca"en&in&. Aor instance+ the petitioners+ #ith their limited resources+ ha"e mana&ed to identif$ 1;0B persons in manual sca"en&in& in the State of Eihar. he Pro&ress

Report dated (5.;(.(;14 claims to ha"e identified onl$ 1'<. In the State of RaIasthan+ the petitioners ha"e identified B1< manual sca"en&ers #hereas the Pro&ress Report of the State dated (5.;(.(;14 has identified onl$ 4<. 11) he aforesaid data collected !$ the petitioners ma3es it

a!undantl$ clear that the practice of manual sca"en&in& continues una!ated. /r$ latrines continue to e6ist

not#ithstandin& the fact that the 100' Act #as in force for nearl$ t#o decades. States ha"e acted in denial of the 100'
13
Page 13

Act and the constitutional mandate to a!olish untoucha!ilit$. 1() Aor o"er a decade+ this )ourt issued "arious directions and sou&ht for compliance from all the States and Union erritories. /ue to effecti"e inter"ention and directions of

this )ourt+ the ,o"ernment of India !rou&ht an Act called ? he Prohi!ition of -mplo$ment as .anual Sca"en&ers and their Reha!ilitation Act+ (;1'@ for a!olition of this e"il and for the #elfare of manual sca"en&ers. assent of the President on 1B.;0.(;1'. the aforesaid Act+ in no #a$+ he Act &ot the he enactment of dilutes the

neither

constitutional mandate of Article 15 nor does it condone the inaction on the part of Union and State ,o"ernments under the 100' Act. 8hat the (;1' Act does in addition is to

e6pressl$ ac3no#led&e Article 15 and Article (1 ri&hts of the persons en&a&ed in se#a&e cleanin& and cleanin& tan3s as #ell persons cleanin& human e6creta on rail#a$ trac3s. 1') %earned Additional Solicitor ,eneral has !rou&ht to our notice "arious salient features of the Act #hich are as underK*

14
Page 14

(i)

he a!o"e*said Act has !een enacted to pro"ide for the prohi!ition of emplo$ment as manual sca"en&ers+ reha!ilitation of manual sca"en&ers and their families+ and for matters connected there#ith or incidental thereto.

(ii)

)hapter I of the Act inter alia pro"ides for the definitions of ?ha9ardous cleanin&@+ ?insanitar$ latrine@ and ?manual sca"en&er@ as contained in Sections ((1) (d)+ (e) and (&) thereof respecti"el$.

(iii) )hapter

II

of

the

Act

contains

pro"isions

for

Identification of Insanitar$ latrines. Section 4(1) of the Act reads as underK

23 4 L.+ - /!".($!$)# !. #/(%)5 $1# 1$! (5 - !($1)# 16 7(.%$6) # 1$! (5 +.&&/1$!5 - !($1)# (1) -"er$ local authorit$ shall+** (a) carr$ out a sur"e$ of insanitar$ latrines e6istin& #ithin its Iurisdiction+ and pu!lish a list of such insanitar$ latrines+ in such manner as ma$ !e prescri!ed+ #ithin a period of t#o months from the date of commencement of this Act7 (!) &i"e a notice to the occupier+ #ithin fifteen da$s from the date of pu!lication of the list under clause (a)+ to either demolish the insanitar$ latrine or con"ert it into a sanitar$ latrine+ #ithin a period of si6 months from the date of commencement of this ActK Pro"ided that the local authorit$ ma$ for sufficient reasons to !e recorded in #ritin& e6tend the said period not e6ceedin& three months7 (c) construct+ #ithin a period not e6ceedin& nine months from the date of commencement of this Act+ such num!er 15
Page 15

of sanitar$ communit$ latrines as it considers necessar$+ in the areas #here insanitar$ latrines ha"e !een found.@

(i") )hapter III of the Act contains pro"isions for prohi!ition of insanitar$ latrines and emplo$ment and en&a&ement as manual sca"en&er. Sections =+ < and 5 of the Act read as underK
25 4 P(."$8$!$.1 .* $1# 1$! (5 - !($1)# 16 )&7-.5&)1! 16 )10 0)&)1! .* & 1/ - #+ %)10)( (1) Cot#ithstandin& an$thin& inconsistent there#ith contained in the -mplo$ment of .anual Sca"en&ers and )onstruction of /r$ %atrines (Prohi!ition) Act+ 100'(4< of 100')+ no person+ local authorit$ or an$ a&enc$ shall+ after the date of commencement of this Act+** (a) construct an insanitar$ latrine7 or (!) en&a&e or emplo$+ either directl$ or indirectl$+ a manual sca"en&er+ and e"er$ person so en&a&ed or emplo$ed shall stand dischar&ed immediatel$ from an$ o!li&ation+ e6press or implied+ to do manual sca"en&in&. (() -"er$ insanitar$ latrine e6istin& on the date of commencement of this Act+ shall either !e demolished or !e con"erted into a sanitar$ latrine+ !$ the occupier at his o#n cost+ !efore the e6pir$ of the period so specified in clause (!) of su!*section (1) of section 4K Pro"ided that #here there are se"eral occupiers in relation to an insanitar$ latrine+ the lia!ilit$ to demolish or con"ert it shall lie #ith+** (a) the o#ner of the premises+ in case one of the occupiers happens to !e the o#ner7 and (!) all the occupiers+ Iointl$ and se"erall$+ in all other casesK Pro"ided that the State ,o"ernment ma$ &i"e assistance for con"ersion of insanitar$ latrines into sanitar$ latrines to occupiers from such cate&ories of persons and on such scale+ as it ma$+ !$ notification+ specif$K Pro"ided further that non*receipt of State assistance shall not !e a "alid &round to maintain or use an insanitar$ latrine+ !e$ond the said period of nine months.

16
Page 16

(') If an$ occupier fails to demolish an insanitar$ latrine or con"ert it into a sanitar$ latrine #ithin the period specified in su!*section (()+ the local authorit$ ha"in& Iurisdiction o"er the area in #hich such insanitar$ latrine is situated+ shall+ after &i"in& notice of not less than t#ent$ one da$s to the occupier+ either con"ert such latrine into a sanitar$ latrine+ or demolish such insanitar$ latrine+ and shall !e entitled to reco"er the cost of such con"ersion or+ as the case ma$ !e+ of demolition+ from such occupier in such manner as ma$ !e prescri!ed. 9 4 C.1!( +!' 0())&)1!' )!+.' !. 8) %.$6

(1) An$ contract+ a&reement or other instrument entered into or e6ecuted !efore the date of commencement of this Act+ en&a&in& or emplo$in& a person for the purpose of manual sca"en&in& shall+ on the date of commencement of this Act+ !e terminated and such contract+ a&reement or other instrument shall !e "oid and inoperati"e and no compensation shall !e pa$a!le therefor. (() Cot#ithstandin& an$thin& contained in su!*section (1)+ no person emplo$ed or en&a&ed as a manual sca"en&er on a full*time !asis shall !e retrenched !$ his emplo$er+ !ut shall !e retained+ su!Iect to his #illin&ness+ in emplo$ment on at least the same emoluments+ and shall !e assi&ned #or3 other than manual sca"en&in&. : 4 P(."$8$!$.1 .* 7)(#.1# *(.& )10 0)&)1! .( )&7-.5&)1! *.( " ; (6./# +-) 1$10 .* #)<)(# 16 #)7!$+ ! 1=# Co person+ local authorit$ or an$ a&enc$ shall+ from such date as the State ,o"ernment ma$ notif$+ #hich shall not !e later than one $ear from the date of commencement of this Act+ en&a&e or emplo$+ either directl$ or indirectl$+ an$ person for ha9ardous cleanin& of a se#er or a septic tan3.@

(")

Sections B and 0 of the Act pro"ide for penal pro"isions

#hich read as underK

8 4 P)1 -!5 *.( +.1!( %)1!$.1 .* #)+!$.1 5 .( #)+!$.1 9

17
Page 17

8hoe"er contra"enes the pro"isions of section = or section < shall for the first contra"ention !e punisha!le #ith imprisonment for a term #hich ma$ e6tend to one $ear or #ith fine #hich ma$ e6tend to fift$ thousand rupees or #ith !oth+ and for an$ su!seDuent contra"ention #ith imprisonment #hich ma$ e6tend to t#o $ears or #ith fine #hich ma$ e6tend to one la3h rupees+ or #ith !oth. > 4 P)1 -!5 *.( +.1!( %)1!$.1 .* #)+!$.1 : 8hoe"er contra"enes the pro"isions of section 5 shall for the first contra"ention !e punisha!le #ith imprisonment for a term #hich ma$ e6tend to t#o $ears or #ith fine #hich ma$ e6tend to t#o la3h rupees or #ith !oth+ and for an$ su!seDuent contra"ention #ith imprisonment #hich ma$ e6tend to fi"e $ears or #ith fine #hich ma$ e6tend to fi"e la3h rupees+ or #ith !oth.

("i) )hapter IV of the Act contains pro"isions #ith respect to identification of manual sca"en&ers in Ur!an and Rural Areas and also pro"ides for their reha!ilitation. Section 1' of the Act reads as under7
213 4 R)" 8$-$! !$.1 .* 7)(#.1# $6)1!$*$)6 #+ %)10)(# 85 M/1$+$7 -$!5 # & 1/ -

(1) An$ person included in the final list of manual sca"en&ers pu!lished in pursuance of su!*section (<) of section 11 or added thereto in pursuance of su!*section (') of section 1(+ shall !e reha!ilitated in the follo#in& manner+ namel$K** (a) he shall !e &i"en+ #ithin one month+** (i) a photo identit$ card+ containin&+ inter alia+ details of all mem!ers of his famil$ dependent on him+ and (ii) such initial+ one time+ cash assistance+ as ma$ !e prescri!ed7 (!) his children shall !e entitled to scholarship as per the rele"ant scheme of the )entral ,o"ernment or the State ,o"ernment or the local authorities+ as the case ma$ !e7

18
Page 18

(c) he shall !e allotted a residential plot and financial assistance for house construction+ or a read$*!uilt house+ #ith financial assistance+ su!Iect to eli&i!ilit$ and #illin&ness of the manual sca"en&er+ and the pro"isions of the rele"ant scheme of the )entral ,o"ernment or the State ,o"ernment or the concerned local authorit$7 (d) he+ or at least one adult mem!er of his famil$+ shall !e &i"en+ su!Iect to eli&i!ilit$ and #illin&ness+ trainin& in a li"elihood s3ill+ and shall !e paid a monthl$ stipend of not less than three thousand rupees+ durin& the period of such trainin&7 (e) he+ or at least one adult mem!er of his famil$+ shall !e &i"en+ su!Iect to eli&i!ilit$ and #illin&ness+ su!sid$ and concessional loan for ta3in& up an alternati"e occupation on a sustaina!le !asis+ in such manner as ma$ !e stipulated in the rele"ant scheme of the )entral ,o"ernment or the State ,o"ernment or the concerned local authorit$7 (f) he shall !e pro"ided such other le&al and pro&rammatic assistance+ as the )entral ,o"ernment or State ,o"ernment ma$ notif$ in this !ehalf. (() he /istrict .a&istrate of the district concerned shall !e responsi!le for reha!ilitation of each manual sca"en&er in accordance #ith the pro"isions of su!*section (1) and the State ,o"ernment or the /istrict .a&istrate concerned ma$+ in addition+ assi&n responsi!ilities in his !ehalf to officers su!ordinate to the /istrict .a&istrate and to officers of the concerned .unicipalit$.@

("ii) )hapter V of the Act pro"ides for the implementin& mechanism. Sections 15 to (; read as underK
1: 4 R)#7.1#$8$-$!5 .* -.+ - /!".($!$)# !. )1#/() )-$&$1 !$.1 .* $1# 1$! (5 - !($1)# Cot#ithstandin& an$thin& contained in an$ other la# for the time !ein& in force+ it shall !e the responsi!ilit$ of e"er$ local authorit$ to ensure+ throu&h a#areness campai&n or in such other manner that after the e6pir$ of a period of nine months+ from the date of commencement of this Act+** 19
Page 19

(i) no insanitar$ latrine is constructed+ maintained or used #ithin its Iurisdiction7 and (ii) in case of contra"ention of clause (i)+ action is ta3en a&ainst the occupier under su!*section (') of section =.

18 4 A/!".($!$)# <". & 5 8) $&7-)&)1!$10 7(.%$#$.1# .* !"$# A+!

#7)+$*$)6

*.(

he appropriate ,o"ernment ma$ confer such po#ers and impose such duties on local authorit$ and /istrict .a&istrate as ma$ !e necessar$ to ensure that the pro"isions of this Act are properl$ carried out+ and a local authorit$ and the /istrict .a&istrate ma$+ specif$ the su!ordinate officers+ #ho shall e6ercise all or an$ of the po#ers+ and perform all or an$ of the duties+ so conferred or imposed+ and the local limits #ithin #hich such po#ers or duties shall !e carried out !$ the officer or officers so specified. 1> 4 D/!5 .* D$#!($+! M 0$#!( !) .**$+)(# 16 /!".($#)6

he /istrict .a&istrate and the authorit$ authorised under section 1B or an$ other su!ordinate officers specified !$ them under that section shall ensure that+ after the e6pir$ of such period as specified for the purpose of this Act+** (a) no person is en&a&ed or emplo$ed as manual sca"en&er #ithin their Iurisdiction7 (!) no one constructs+ maintains+ uses or ma3es a"aila!le for use+ an insanitar$ latrine7 (c) manual sca"en&ers identified under this Act are reha!ilitated in accordance #ith section 1'+ or as the case ma$ !e+ section 1<7 (d) persons contra"enin& the pro"isions of section = or section < or section 5 are in"esti&ated and prosecuted under the pro"isions of this Act7 and (e) all pro"isions of this Act applica!le #ithin his Iurisdiction are dul$ complied #ith. 20 4 A77.$1!&)1! .* $1#7)+!.(# 16 !")$( 7.<)(#

(1) he appropriate ,o"ernment ma$+ !$ notification+ appoint such persons as it thin3s fit to !e inspectors for the 20
Page 20

purposes of this Act+ and define the local limits #ithin #hich the$ shall e6ercise their po#ers under this ActJ@

("iii) )hapter VII of the Act pro"ides for the esta!lishment of Vi&ilance and .onitorin& )ommittees in the follo#in& termsK
223 4 V$0$- 1+) C.&&$!!))# (1) -"er$ State ,o"ernment shall+ !$ notification+ constitute a Vi&ilance )ommittee for each district and each Su!*/i"ision. (() -ach Vi&ilance )ommittee constituted for a district shall consist of the follo#in& mem!ers+ namel$K** (a) the /istrict .a&istrate**)hairperson+ e6 officio7J 25 4 F/1+!$.1# .* V$0$- 1+) C.&&$!!)) he functions of Vi&ilance )ommittee shall !e** (a) to ad"ise the /istrict .a&istrate or+ as the case ma$ !e+ the Su!*/i"isional .a&istrate+ on the action #hich needs to !e ta3en+ to ensure that the pro"isions of this Act or of an$ rule made thereunder are properl$ implemented7 (!) to o"ersee the economic and social reha!ilitation of manual sca"en&ers7 (c) to co*ordinate the functions of all concerned a&encies #ith a "ie# to channelise adeDuate credit for the reha!ilitation of manual sca"en&ers7 (d) to monitor the re&istration of offences under this Act and their in"esti&ation and prosecution. 29 4 S! !) M.1$!.($10 C.&&$!!)) (1) -"er$ State ,o"ernment shall+ !$ notification+ constitute a State .onitorin& )ommittee+ consistin& of the follo#in& mem!ers+ namel$K** (a) the )hief .inister of State or a .inister nominated !$ him**)hairperson+ e6 officio7J 2: 4 F/1+!$.1# .* !") S! !) M.1$!.($10 C.&&$!!)) he functions of the State .onitorin& )ommittee shall !e** (a) to monitor and ad"ise the State ,o"ernment and local authorities for effecti"e implementation of this Act7 21
Page 21

(!) to co*ordinate the functions of all concerned a&encies7 (c) to loo3 into an$ other matter incidental thereto or connected there#ith for implementation of this Act. LLL LLL LLL

2> 4 C)1!( - M.1$!.($10 C.&&$!!)) (1) he )entral ,o"ernment shall+ !$ notification+ constitute a )entral .onitorin& )ommittee in accordance #ith the pro"isions of this section. (() he )entral .onitorin& )ommittee shall consist of the follo#in& mem!ers+ namel$K** (a) he Union .inister for Social :ustice and -mpo#erment**)hairperson+ e6 officio7J 30 4 F/1+!$.1# .* !") C)1!( - M.1$!.($10 C.&&$!!)) he functions of the )entral .onitorin& )ommittee shall !e+** (a) to monitor and ad"ise the )entral ,o"ernment and State ,o"ernment for effecti"e implementation of this Act and related la#s and pro&rammes7J 31 4 F/1+!$.1# .* N !$.1 - C.&&$##$.1 *.( S * $ ? ( &+" ($# (1) he Cational )ommission for Safai Karamcharis shall perform the follo#in& functions+ namel$K** (a) to monitor the implementation of this Act7 (!) to enDuire into complaints re&ardin& contra"ention of the pro"isions of this Act+ and to con"e$ its findin&s to the concerned authorities #ith recommendations reDuirin& further action7 and (c) to ad"ise the )entral and the State ,o"ernments for effecti"e implementation of the pro"isions of this Act. (d) to ta3e suo motu notice of matter relatin& to non* implementation of this Act.@

22
Page 22

(i6) )hapter

VIII

of

the

Act

contains

miscellaneous

pro"isions. Section '' of the Act pro"ides for dut$ of local authorities and other a&encies to use modern technolo&$ for cleanin& of se#ers+ etc. Section '< of the Act pro"ides that the appropriate ,o"ernment shall+ !$ notification+ ma3es rules for carr$in& out the pro"isions of the Act #ithin a period not e6ceedin& three months. Section '5 of the Act pro"ides that the )entral ,o"ernment shall+ !$ notification+ pu!lish model rules for the &uidance and use of the State ,o"ernments. 14) 8e ha"e alread$ noted "arious pro"isions of the (;1' Act and also in the li&ht of "arious orders of this )ourt+ #e issue the follo#in& 6$()+!$.1#K* (i) he persons included in the final list of manual

sca"en&ers under Sections 11 and 1( of the (;1' Act+ shall !e reha!ilitated as per the pro"isions of Part IV of the (;1' Act+ in the follo#in& manner+ namel$K* (a) such initial+ one time+ cash assistance+ as ma$ !e prescri!ed7
23
Page 23

(!)

their children shall !e entitled to scholarship as

per the rele"ant scheme of the )entral ,o"ernment or the State ,o"ernment or the local authorities+ as the case ma$ !e7 (c) the$ shall !e allotted a residential plot and

financial assistance for house construction+ or a read$* !uilt house #ith financial assistance+ su!Iect to

eli&i!ilit$ and #illin&ness of the manual sca"en&er as per the pro"isions of the rele"ant scheme7 (d) at least one mem!er of their famil$+ shall !e

&i"en+ su!Iect to eli&i!ilit$ and #illin&ness+ trainin& in li"elihood s3ill and shall !e paid a monthl$ stipend durin& such period7 (e) at least one adult mem!er of their famil$+ shall !e

&i"en+ su!Iect to eli&i!ilit$ and #illin&ness+ su!sid$ and concessional loan for ta3in& up an alternati"e

occupation on sustaina!le !asis+ as per the pro"isions of the rele"ant scheme7

24
Page 24

(f)

shall

!e

pro"ided

such

other

le&al

and

pro&rammatic assistance+ as the )entral ,o"ernment or State ,o"ernment ma$ notif$ in this !ehalf. (ii) If the practice of manual sca"en&in& has to !e !rou&ht

to a close and also to pre"ent future &enerations from the inhuman practice of manual sca"en&in&+ reha!ilitation of manual sca"en&ers #ill need to includeK* (a) Se#er deaths M enterin& se#er lines #ithout safet$

&ears should !e made a crime e"en in emer&enc$ situations. Aor each such death+ compensation of Rs. 1; la3hs should !e &i"en to the famil$ of the deceased. (!) Rail#a$s M should ta3e time !ound strate&$ to end

manual sca"en&in& on the trac3s. (c) Persons released from manual sca"en&in& should

not ha"e to cross hurdles to recei"e #hat is their le&itimate due under the la#.

25
Page 25

(d)

Pro"ide support for di&nified li"elihood to safai

3aramchari #omen in accordance #ith their choice of li"elihood schemes. (iii) Identif$ the families of all persons #ho ha"e died in se#era&e #or3 (manholes+ septic tan3s) since 100' and a#ard compensation of Rs.1; la3hs for each such death to the famil$ mem!ers dependin& on them. (i") Reha!ilitation must !e !ased on the principles of Iustice and transformation. 1=) In the li&ht of "arious pro"isions of the Act referred to a!o"e and the Rules in addition to "arious directions issued !$ this )ourt+ #e here!$ direct all the State ,o"ernments and the Union erritories to full$ implement the same and

ta3e appropriate action for non*implementation as #ell as "iolation of the pro"isions contained in the (;1' Act. Inasmuch as the Act (;1' occupies the entire field+ #e are of the "ie# that no further monitorin& is reDuired !$ this )ourt. Ho#e"er+ #e once a&ain reiterate that the dut$ is cast on all the States and the Union erritories to full$ implement and
26
Page 26

to ta3e action a&ainst the "iolators. a&&rie"ed are permitted to

Henceforth+ persons the authorities

approach

concerned at the first instance and thereafter the Hi&h )ourt ha"in& Iurisdiction.

1<) 8ith the a!o"e direction+ the #rit petition is disposed of. Co order is reDuired in the contempt petition. JJJ.JJJJJJJJJJ):I. (P. SATHASIVAM) JJJJ.JJJJJJJJJJ:. (RANJAN GOGOI) JJJJ.JJJJJJJJJJ:. (N.V. RAMANA) C-8 /-%HI7 .AR)H (5+ (;14.

27
Page 27