Manual Scavenging Needs To Discontinued: Madras HC

OVERVIEW

The Madras bench recently addressed a plea submitted by an organisation’s counsel stating concerns regarding the hazards of manual scavenging of potholes.

The petition was filed by NGO Safai Karamchari Andolan stating the number of deaths recorded despite the provisions of Prohibition of Employment as Manual Scavengers and Rehabilitation Act, 2013.

BRIEF ACCOUNT 

The first bench of the High Court comprising of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy observed the health hazards encountered due to the requirements of the task such as exposure to gases like hydrogen sulphide, carbon monoxide and methane poisoning.

The plea also cited six deaths due to the job, and also pointed out the invertible caste system practices associated with the conditions of the job. 

The petitioner argued that there was no adherence to the High Court order by the local bodies and authorities, despite the ruling expressly prohibiting manual scavenging through contractors. 

Further, it stated that even though the local authorities held sufficient funds and means to afford the technology for the required job, they still opt to employ persons to undertake the task.

The bench observed the details submitted by the petitioner stating the number of deaths despite the requirements stated in the High Court order passed in 2017, ordering the local bodies engaging manual scavenging or contractors employing manual scavengers.

“These are the lowest of the low and some of them are not normal in our terms as they have reduced themselves to that kind of work. Whether any manual scavenging is undertaken, directly or indirectly, this must be stopped. It is inhuman. There is a statute that prohibits it. In certain cases, where all gadgets are available, you don’t need to send human beings down in pits.”

The Chief Justice noted that manual scavengers are often employed through contractors to minimise costs or evade responsibility for engaging the workers. 

The bench thus noted the severity of the issue and asked for the government to take into account the risks and hazards of the work, thus directing them to look into the families and financially compensate them.

CONCLUSION 

The bench thus scheduled to take up the plea for further hearing on Tuesday, March 16, to inspect into the details and information regarding the alleged violations from all districts, including the municipal corporations.

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