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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TN polls: DMK promises Rs 8,000 'Illatharasi' coupon scheme for women
Chennai (PTI): Tamil Nadu Chief Minister and DMK president M K Stalin on Sunday released his party's manifesto for the April 23 Assembly elections, and announced providing the "Illatharasi" coupon scheme worth Rs 8,000 for women to buy/replace household electronic goods.
He promised to implement a number of welfare measures in different sectors including education, industry and farming should the DMK return to power and described his party's set of poll promises as a "superstar.".
He said the coupon for women could be used to buy household appliances like TV, refrigerator, washing machine, mixie, microwave oven, induction stove or replace them.
"This new Illatharasi scheme will be implemented. Under this scheme, the women of families who don't come under the income tax bracket would be provided a one-time coupon worth Rs 8,000 to purchase these electronic goods from the shops in their places of residence," Stalin said.
'Illatharasi' in Tamil literally translates to the "queen of the house," and in effect refers to a women head of the family.
Announcing a slew of welfare measures targeting women, girl students, farmers and fishermen, he said "I have mentioned a few as a highlight."
"Usually in Tamil Nadu elections the DMK election manifesto is the hero, but now Dravidian model 2.O's poll manifesto is the superstar," Stalin, who is confident of winning over 200 seats out of 234 in the April 23 election, said.
Expanding the coverage for treatment under the CM Health Insurance scheme to Rs 10 lakh by increasing the annual income ceiling, hiking pension for elderly, widows and spinsters above 50 years to Rs 2,000 per month, doubling the monthly grant under the Kalaignar Magalir Urumai Thogai (monthly assistance) to Rs 2,000 and adding new eligible women under this scheme were some of the other promises the ruling party made.
Expanding the Chief Minister's Breakfast Scheme till Class 8, and providing free modern electric pump sets without any meters to more than 20 lakh farmers receiving free electricity were among the numerous announcements.
The DMK chief assured to enhance the procurement price of paddy to Rs 3,500 per quintal and the procurement price of sugarcane to Rs 4,500 per tonne.
About 10 lakh new concrete houses will be built under Kalaignarin Kanavu Illam housing scheme and various other housing schemes towards a hut-free Tamil Nadu by 2030.
Skill training will be imparted for five lakh youth who have completed higher education and they will also receive Rs 1,500 per month upon enrolment and completion of 6-month training under the Naan Mudhalvan scheme, he said.
The state will ensure foreign investment of Rs 18 lakh crore aiming to create 50 lakh jobs in five years. The monthly higher education grant of Rs 1,000 to students under Pudhumai Penn and Tamil Pudhalvan schemes will be increased to Rs 1,500. About 35 lakh free laptops will be provided to all college students.
Establishing four future-ready global cities around Coimbatore, Salem, Madurai, and Tiruchirappalli apart, about 50 Semmozhi Poonga's will be constructed across Tamil Nadu, he said.
In his address, Stalin exuded confidence that the DMK is " going to form government for seventh time."
"This confidence is not just of the party workers but all of TN people, because no state government has made so many achievements. So many record schemes have been delivered. We have achieved double digit growth," he said
The DMK started its tenure in 2021 with a 10-year vision plan.
Today, 1.31 crore women were receiving Rs 1000 monthly assistance, he said. The BJP tried to stop it citing election but we realised the conspiracy and gave it in advance in February," the DMK chief added.
The manifesto was prepared by a team headed by party deputy general secretary and Lok Sabha MP Kaniozhi and the team members included two state ministers. Stalin felicitated them on the occasion.
