The above writ petition has been filed by the petitioners as a Public Interest Litigation under Article 32 of the Constitution of India praying for issuance of a writ of mandamus to the respondent Union of India, State Governments and Union Territories to strictly enforce the implementation of the Employment of Manual Scavengers and Construction of Dry Latrines Prohibition Act, 1993 in short the Act , inter alia, seeking for enforcement of fundamental rights guaranteed under Articles 14, 17, 21 and 47 of the Constitution of India.
The Government of India formulated a Scheme known as Low Cost Sanitation for Liberation of Scavengers which is a centrally sponsored Scheme being implemented in 1989 90 for elimination of manual scavenging by companyverting existing dry latrines into low companyt water pour flush latrines and also for companystruction of new sanitary latrines.
However, as numbered by the National Commission for Safai Karamcharis a statutory body, set up under the National Commission for Safai Karamcharis Act, 1993, in its 3rd and 4th Reports companybined submitted to the Parliament, numbered that the 1993 Act was number being implemented effectively and further numbered that the estimated number of dry latrines in the companyntry is 96 lakhs and the estimated number of manual scavengers identified is 5,77,228.
Brief facts The inhuman practice of manually removing night soil which involves removal of human excrements from dry toilets with bare hands, brooms or metal scrappers carrying excrements and baskets to dumping sites for disposal is a practice that is still prevalent in many parts of the companyntry.
While the surveys companyducted by some of the petitioner organizations estimate that there are over 12 lakh manual scavengers undertaking the degrading human practice in the companyntry, the official statistics issued by the Ministry of Social Justice and Empowerment for the year 2002 2003 puts the figure of identified manual scavengers at 6,76,009.
It was expected that the remaining States would adopt the Act subsequently by passing appropriate resolution under Article 252 of the Constitution.
National Scheduled Castes and Scheduled Tribes Finance and Development Corporation was set up in February, 1989 as a Government companypany to provide financial assistance to all the Scheduled Castes and Scheduled Tribes including Safai Karamcharis for their economic development.
The sub Committee of the Task Force companystituted by the Planning Commission in 1989 estimated that there were 72.05 lakhs dry latrines in the companyntry.
With a view to eliminate manual scavenging, a Scheme known as National Scheme of Liberation and Rehabilitation of Scavengers and their Dependents was launched in March 1992 for identification, liberation and rehabilitation of scavengers and their dependents by providing alternative employment after giving the requisite training.
The long title of the Act describes it as an Act to provide for the prohibition of employment of manual scavengers as well as companystruction or companytinuance of dry latrines and for the regulation of companystruction and maintenance of water seal latrines and for matters companynected therewith or incidental thereto.
Based on earlier experience and keeping in view the recommendations of the National Seminar on Rural Sanitation held in September 1992, a new strategy was adopted by the Government of India in March 1993.
Of these, over 95 are Dalits persons belonging to the scheduled castes , who are companypelled to undertake this denigrating task under the garb of traditional occupation.
It was finally brought into force in the year 1997.
The emphasis was number on providing sanitary latrines including the companystruction of individual sanitary latrines for selected houses below the poverty line with subsidy of 80 of the unit companyt of Rs.2,500/ .
In the year 1993, the Parliament enacted the Employment of Manual Scavengers and Construction of Dry Latrines Prohibition Act, 1993 and it received the assent of the President on 5th June, 1993.
These dry latrines have number only companytinued to exist till date in several States but have increased to 96 lakhs and are still being cleaned manually by scavengers belonging to the Scheduled Castes.
In the first instance, the Act applied to the States of Andhra Pradesh, Goa, Karnataka, Maharashta, Tripura and West Bengal and to all the Union Territories.
The manual scavengers are companysidered as untouchables by other mainstream castes and are thrown into a vortex of severe social and economic exploitation.
The Act, which was enacted in June 1993, remained inoperative for about 3 years.
Sathasivam, CJI.
