Karnataka High Court terms manual scavenging as "most inhuman"
Issues directions for implementation of Manual Scavengers Act, 2013
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Terming manual scavenging as a "most inhuman" practice, the Karnataka High Court on Wednesday issued a slew of directions to ensure the proper implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (Manual Scavengers Act).
Before passing these directions, a Bench of Chief Justice Abhay Shreeniwas Oka and Justice Vishwajith Shetty observed that the Indian Constitution, in no way, permits any form of manual scavenging.
"There can be no dispute that our Constitutional philosophy does not permit any form of manual scavenging. Right of a citizen to live with dignity is an integral part of the fundamental rights guaranteed to the citizens under Article 21 of the Constitution of India. The preamble of the Constitution shows that the Constitution seeks to protect the dignity of an individual. There can be no dispute that manual scavenging is most inhuman and it infringes the fundamental rights guaranteed under Article 21."
The Court also held that if any citizen is forced to do manual scavenging, it would be a gross violation of his/her fundamental right conferred by Article 21 of the Constitution of India.
The following are the directions issued to the State government:
To place on record the details about the number of First Information Reports registered for the offences punishable under the Manual Scavengers Act, the details of the cases in which charge sheets were filed, the details of the cases which are pending and the details of the cases which resulted in conviction.
The figures of cases which resulted in acquittal to be also placed on record.
To produce necessary material to show that the District Level Survey Committees as contemplated by sub-clause (c) of Rule 2 of the Manual Scavengers Rules have been duly constituted.
To call for data from all districts for ascertaining whether the District Level Survey Committees have conducted surveys of manual scavengers and whether the Committees have published the final list of Manual Scavengers of the respective districts.
To place on record the necessary details as regards the constitution of the State Level Survey Committees as well as the details regarding the number of meetings the Committee has held.
To place on record comprehensive data about the survey of insanitary latrines throughout the State and the details about the conversion/demolition of insanitary latrines;
To place on record the details relating to final publication of the district-wise final lists of Manual Scavengers and the publication of State level final list of Manual Scavengers;
To issue directions to all local authorities to implement the provisions of the Manual Scavengers Act and the Rules by specifically referring to the obligations and duties under various provisions. The compliance by the local authorities shall be monitored regularly by the State Level Monitoring Committee.
To direct all local authorities to comply with the obligations under subsections (2) and (3) of Section 4 and to immediately ascertain the requirement of number of sanitary community latrines within their respective jurisdictions and thereafter, facilitate the construction of such latrines.
To immediately initiate an awareness campaign on a large scale for elimination of the practice of open defecation and ensure that all local authorities comply with their obligation of eliminating the practice of open defecation in their jurisdiction. The State government shall take help of NGOs and the Karnataka State Legal Services Authority to conduct the campaigns in rural areas;
To place on record the steps taken for rehabilitation of manual scavengers as provided in Section 13 by stating whether there are any schemes of Central and State government for the rehabilitation of manual scavengers as contemplated by Section 13.
This apart, the Court also directed the Karnataka High Court Legal Services Committee and all the District Legal Services Authorities to convene meetings with all the stakeholders to assist them in complying with the directions of the Court and for implementation of the Manual Scavengers Act.
Further, under Article 47 of the Constitution, which is a part of the Directive Principles of the State Policy, the State is under an obligation to endeavour to improve the standard of living of its people, the judgment states.
The detailed judgment also saw the Bench highlighting the the major differences between the old act (Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993) and the 2013 Act.
It said that the definition of 'manual scavenger' in the 2013 Act is much wider than the definition of 'manual scavenger' under clause (j) of Section 2 of the old Act.
"Under sub-section (1) of Section 5 of the Manual Scavengers Act, there is a complete prohibition on manual scavenging. Under Section 3 of the old Act, the State Government was required to issue a notification for prohibiting engagement or employment of any person for manual scavenging"...Thus, under the old Act, the prohibition was not automatic. The provisions of the new Act are more comprehensive."
On the point of implementation of the past orders issued by the Court and compliance reports filed by the State, the Bench stated,
"We have found that there is hardly any implementation of the provisions of the Manual Scavengers Act and the Rules in the State of Karnataka. Therefore, this is a case where continuous monitoring will be necessary and the power of issuing continuing mandamus will have to be exercised."
These directions were issued in a batch of pleas seeking the abolition of the practice of manual scavenging in the State. The Bench had reserved its order in November.
Two petitions were filed before the High Court seeking a ban on the practice of manual scavenging in the State. The first plea was filed by All India Central Council of Trade Unions (AICCTU), through Advocate Clifton D'Rozario.
Senior Advocate Jayna Kothari appeared for the Karnataka State Legal Services Authority in the the second petition.
The Court has directed the State government to file compliance affidavits by January 30, 2021. The matter will be heard next on February 2, 2021.
[Read judgment]
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MP boat tragedy: Death toll rises to 10 with recovery of one more body; 3 tourists still missing
Jabalpur (PTI): The body of a child was retrieved on Saturday evening from Bargi Dam in Jabalpur district of Madhya Pradesh, raising the death toll in the cruise boat tragedy that took place two days ago to ten, while search continued for three missing tourists.
The boat, operated by the state tourism department, capsized during a storm on Thursday evening with some of the survivors alleging negligence and safety lapses such as life jackets not being distributed in time.
The body recovered on Saturday evening was possibly that of six-year-old Viraj Soni, said Sub-Divisional Officer of Police (SDOP) Anjul Ayank Mishra.
"The identity will be confirmed after family members identify the body," he told PTI.
Kamraj, an employee of the Ordnance Factory at Khamaria, his five-year-old son Tamil, and another child Mayuram (5) who had come from southern India were still missing.
Authorities have arranged equipment to search deep waters of the dam and are getting a generator to facilitate diving operations, Mishra added.
Divers and disaster response teams have expanded the search radius to five km, he said.
Of the 41 identified passengers on board the ill-fated vessel, 28 were rescued, police said.
More than 200 rescuers, including around 20 Army divers airlifted from Agra, joined the search operation that resumed at 5 on Saturday morning. The operation, involving the National Disaster Response Force, State Disaster Response Force and local divers, was briefly affected at around 9 am due to strong winds, officials said.
Post-mortem examinations of nine deceased persons have been completed, Mishra said.
"Our priority is to search for the missing persons. We will also register a First Information Report in the case soon," he said.
Police said CCTV footage near the boarding point showed 43 people heading towards the boat while the identities of 41 passengers have been confirmed so far.
The state government on Friday ordered a probe into the tragedy and dismissed three crew members. It also banned operation of similar vessels in the state.
