Skip to main content
Sabrang
Sabrang
Labour Dalit Bahujan Adivasi

K’taka HC questions State on steps taken to use modern technology to replace manual scavenging

The court has asked the state to file an affidavit, and observed that the government had barely complied with the provisions of the Act

Sabrangindia 30 Mar 2021

Manual Scavengers

The Karnataka High Court has questioned the state on what steps have been taken to use modern technology in order to eliminate manual scavenging. While going through a compliance report filed by the state government, the bench of Chief Justice Abhay Oka and S Vishwajith Shetty observed that the government had barely complied with the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 and thus, asked the state to file a detailed affidavit in that regard.

Survey of insanitary latrines

The court directed the state to constitute State Level Survey Committee and ordered to immediately initiate a survey of insanitary latrines be carried out as per Section 4(1) of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The court refused to take on record the survey conducted before the law was enacted (before 2013)

The court also asked the state to take a decision on whether health inspectors can continue to act as inspectors under the Act since in many offences, they were found to be the accused themselves. The court also asked the state to explain why no meetings of the State Level Monitoring Committee have been held since after August 2020.

Implementation of schemes

The court took into consideration the schemes available for rehabilitation of manual scavengers but the court questioned the implementation of the same, and directed the state to place before the court material on record showing implementation of the schemes and to devise a comprehensive program for rehabilitation of all manual scavengers as provided in Section 13 of the Act. The court has directed the state to place on record how many persons are the beneficiaries under the schemes set out and in what manner the beneficiaries are made aware of the availability of the schemes.

Suicide case in Maddur

The court also took into cognisance the report submitted by the state with regards to the incident where a man died by suicide as he was forced to do manual scavenging. The court observed that the state had over simplified the incident and stated that the provisions of the said Act of 2013 will not apply. The court held, “It is the duty of the State to ascertain irrespective of the outcome of the police investigation whether the said deceased was compelled to do manual scavenging. Even if it is found that there is a substance in the said allegation, those who are involved in pressurizing him to do manual scavenging should be brought to book.” The court thus directed the state to submit to the court the steps taken in this matter on or before the next date.

In January, a pourakarmika (sweepers/garbage collectors) had died by suicide in Maddur Town Municipality after being allegedly forced to clean a manhole without safety equipment.

Compliance with the law

The court was examining whether the state has complied with the orders issued by the court in December 2020 in a detailed order. But the court found that the government had barely complied with the provisions of the Act and directed the state government to file a detailed affidavit detailing compliance with the December 9, 2020 order as well as the directions of this order. The court also highlighted section 33 of the Act which casts a duty upon local authorities to use appropriate technological appliances for cleaning of sewers, septic tanks and other spaces in order to eliminate manual scavenging; and asked the state government to include in the affidavit the compliance of the same.

The complete order may be read here:

 

Related:

Death of manual scavengers: Karnataka HC takes note of the grim situation

Kerala HC directs Water Authority to compensate families of manual scavengers who died cleaning manhole

Municipal officials look other way while manual scavengers still engaged for work: Madras HC

Consider issuing directions for implementing Manual Scavenging Rules: K'taka HC

K’taka HC questions State on steps taken to use modern technology to replace manual scavenging

The court has asked the state to file an affidavit, and observed that the government had barely complied with the provisions of the Act

Manual Scavengers

The Karnataka High Court has questioned the state on what steps have been taken to use modern technology in order to eliminate manual scavenging. While going through a compliance report filed by the state government, the bench of Chief Justice Abhay Oka and S Vishwajith Shetty observed that the government had barely complied with the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 and thus, asked the state to file a detailed affidavit in that regard.

Survey of insanitary latrines

The court directed the state to constitute State Level Survey Committee and ordered to immediately initiate a survey of insanitary latrines be carried out as per Section 4(1) of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The court refused to take on record the survey conducted before the law was enacted (before 2013)

The court also asked the state to take a decision on whether health inspectors can continue to act as inspectors under the Act since in many offences, they were found to be the accused themselves. The court also asked the state to explain why no meetings of the State Level Monitoring Committee have been held since after August 2020.

Implementation of schemes

The court took into consideration the schemes available for rehabilitation of manual scavengers but the court questioned the implementation of the same, and directed the state to place before the court material on record showing implementation of the schemes and to devise a comprehensive program for rehabilitation of all manual scavengers as provided in Section 13 of the Act. The court has directed the state to place on record how many persons are the beneficiaries under the schemes set out and in what manner the beneficiaries are made aware of the availability of the schemes.

Suicide case in Maddur

The court also took into cognisance the report submitted by the state with regards to the incident where a man died by suicide as he was forced to do manual scavenging. The court observed that the state had over simplified the incident and stated that the provisions of the said Act of 2013 will not apply. The court held, “It is the duty of the State to ascertain irrespective of the outcome of the police investigation whether the said deceased was compelled to do manual scavenging. Even if it is found that there is a substance in the said allegation, those who are involved in pressurizing him to do manual scavenging should be brought to book.” The court thus directed the state to submit to the court the steps taken in this matter on or before the next date.

In January, a pourakarmika (sweepers/garbage collectors) had died by suicide in Maddur Town Municipality after being allegedly forced to clean a manhole without safety equipment.

Compliance with the law

The court was examining whether the state has complied with the orders issued by the court in December 2020 in a detailed order. But the court found that the government had barely complied with the provisions of the Act and directed the state government to file a detailed affidavit detailing compliance with the December 9, 2020 order as well as the directions of this order. The court also highlighted section 33 of the Act which casts a duty upon local authorities to use appropriate technological appliances for cleaning of sewers, septic tanks and other spaces in order to eliminate manual scavenging; and asked the state government to include in the affidavit the compliance of the same.

The complete order may be read here:

 

Related:

Death of manual scavengers: Karnataka HC takes note of the grim situation

Kerala HC directs Water Authority to compensate families of manual scavengers who died cleaning manhole

Municipal officials look other way while manual scavengers still engaged for work: Madras HC

Consider issuing directions for implementing Manual Scavenging Rules: K'taka HC

Related Articles

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

Theme

2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.
Delhi HC

Hate Speech and Delhi Pogrom 2020

A spate of provocative speeches, that amount to hate speech in law and should be prosecuted allowed blood letting to spill on the streets of north east Delhi in February-March 2020
hashimpura

Hashimpura Massacre

The Lemmings of Hashimpura

Campaigns

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

IN FACT

Analysis

2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.
Delhi HC

Hate Speech and Delhi Pogrom 2020

A spate of provocative speeches, that amount to hate speech in law and should be prosecuted allowed blood letting to spill on the streets of north east Delhi in February-March 2020
hashimpura

Hashimpura Massacre

The Lemmings of Hashimpura

Archives