NEW DELHI: The Supreme Court on Wednesday directed an immediate end to manual scavenging in major metropolitan cities, instructing municipal commissioners and chief executive officers of six key cities—including Delhi and Mumbai—to enforce the ban and submit compliance reports within two weeks.
The order comes as part of the court’s ongoing oversight of its October 2023 judgment, which mandated that all states and Union Territories take comprehensive measures to eliminate the inhumane practice. Expressing deep concern, the court cited a recent incident in Delhi, where two men in their late 20s died while cleaning a sewer, highlighting the persistence of manual scavenging despite previous rulings.
SC: “People Are Still Dying”
“A well-considered order was passed by us, and yet people are still dying… We are now compelled to issue direct orders,” remarked a bench comprising Justices Sudhanshu Dhulia and Aravind Kumar.
Focusing on Delhi, Mumbai, Kolkata, Chennai, Bengaluru, and Hyderabad, the court ordered that all manual sewer cleaning and scavenging must stop immediately. Municipal commissioners or CEOs of these cities must file affidavits by February 13, detailing how and when manual scavenging was halted. The matter is scheduled for a February 19 hearing.
Concerns Over Compliance
Senior advocate K Parmeshwar, acting as amicus curiae, noted that while officials may claim full compliance, data tells a different story. The Centre’s recent report revealed that out of 775 districts in India, 465 have been declared “manual scavenging-free,” while 310 districts are yet to submit data.
The court warned, “If false affidavits are filed, officials will be held in contempt.” Parmeshwar further pointed out that many states have yet to conduct surveys, despite the October 2023 order requiring them to do so. Some states have only recently formed survey committees, delaying progress.
Centre: Compliance Is a State Responsibility
Additional Solicitor General Aishwarya Bhati, representing the Union government, emphasized that sanitation is a state subject. She informed the court that the Centre had convened meetings with chief secretaries and district magistrates to ensure compliance. However, the accuracy of manual scavenging data depends on state responses, and several states are yet to report.
Court’s 2023 Ruling & Compensation Orders
In its October 20, 2023 ruling, the Supreme Court condemned the inhuman conditions faced by manual scavengers, stating:
“Ours is a battle not for wealth or power. It is a battle for freedom, for the reclamation of human dignity.”
The judgment ordered:
- ₹30 lakh compensation for families of individuals who die while cleaning sewers.
- Complete eradication of manual scavenging nationwide.
- Mandatory use of mechanized equipment to clean sewers, preventing human involvement.
Alarming Death Toll
Government data cited in Lok Sabha (July 2022) reported that at least 347 people died while cleaning sewers and septic tanks between 2018 and 2022, with Uttar Pradesh, Tamil Nadu, and Delhi accounting for 40% of these deaths.
The court stressed that following its order, no one should have been allowed to enter sewers manually, yet two deaths were reported in Delhi.
The ruling was issued in response to a Public Interest Litigation (PIL) filed by Balram Singh, who demanded a national survey of manual scavengers, compensation for victims, and rehabilitation programs.
SC: “A Matter of Human Dignity”
In a December 2023 hearing, the court asserted, “This is a question of human dignity. It is a matter close to our hearts. We will go to any extent to implement it.”
