Precedents set by Courts in regards to Manual Scavengers
- In SafaiKaramchariAndolan & Ors v. Union of India in Contempt Petition (C) No. 132 of 2012 In Writ Petition (Civil) No. 583 of 2003, a three-judge bench issued the following directions which are recapitulated below.
- Children of the Manual Scavenger shall be entitled to scholarship as per the relevantscheme of the CG or SG or the local authorities as the case may be;
- Manual Scavenger shall be allotted a residential plot and financial assistance for house construction, or a readybuilt house with financial assistance, subject to the eligibility and willingness of the person engaged in manual
scavenging as per the provisions of the relevant scheme. - Identify the families of all persons who have died in sewerage work (manholes, septic tanks) since 1993 and award compensation amounting to Rs. 10 lakhs for each such death to the family members depending on them.
- Rehabilitation should be based on the principles of justice as well as transformation.
- Given its incapacity to put an end to manual scavenging, the State is obligated to forbid it. However, it cannot escape its obligation to make up for manual scavengers who pass away while engaging in the practise.
- The Madras High Court in Change India v. Government of Tamil Nadu in Writ Petition No. 25726 of 2017, in the contextof the 2013 Act has held that the State is under a bounden duty to prohibit manual scavengingand it cannot avoid its liability to compensate manual scavengers who lose their lives in thecourse of manual scavenging, by reason of the inability of the State to stop manualscavenging.
- Though in that case compensation of Rs. 10,00,000/- was paid, in view of thedelay in payment of compensation Madras High Court directed the State to pay interest and the said amount at the rate of 8% per annum.
- In Baisil Attippety v. KeralaWater Authority in Writ Petition (C) No. 11185 of 2014 (S), the question before the High Court wasfor grant of adequate compensation to the workman who died inside the manhole of KeralaWater Authority sewerage pipeline.
- The Kerala High Court referred to the judgment of theSupreme Court in SafaiKaramchariAndolan (supra) and after noting that an amount of Rs.4,00,000/- was paid by the contractor by way of compensation to the legal heirs of thedeceased.
- It was held that Government of Kerala represented by the Secretary of the concernedDepartment was bound to pay compensation of Rs. 10 lakhs.
- Interpreting the decision of theSupreme Court in SafaiKaramchariAndolan (supra), the Kerala High Court took the viewthat it is the State which has to pay the compensation.
- In a recent order passed by the Bombay High Court in the case of Vimla Govind Chorotiya & Ors v. State of Maharashtra & Ors. In Writ Petition (C) No. 11185 of 2014, where three women had approached the courtafter their husbands lost their lives while cleaning a septic tank in a private housing societyin Govandi on 23rd December 2019 where the court issued the following guidelines.
- The petitioners shall be compensated with a sum of Rs. 10 lakhs within the period of 4weeks from the date of this order.
- The widows shall also be provided with rehabilitation measures.
- State of Maharashtra should give information to the Court with respect to the personswho died in Maharashtra as Manual Scavengers from the year 1993.
- The State of Maharashtra should also inform the Court as to how many ManualScavengers have been identified in the State and whether any compensation has beengiven to their families.
- State of Maharashtra shall inform the Court whether a survey is conducted of ManualScavengers in the Urban areas in terms of Section 11 and Section 12 of the Prohibitionof Employment as Manual Scavengers and of the Prohibition and their RehabilitationAct, 2013.
- The Court shall monitor the case to ensure that all the provisions of the Prohibition ofEmployment of Manual Scavengers Act, 2013 are implemented.
The Karnataka High Court recently directed the State of Karnataka and the Karnataka SafaiKaramchari Development Corporation to take steps to implement the Prohibition of Employment as Manual Scavenger and their Rehabilitation Act, 2013, on a “war footing” and to report compliance with the order within a period of three months.
The Karnataka High Court directed the State Government to come up with a scheme for providing education, scholarship and compassionate appointments to the family members of the deceased manual scavengers.
Breaking the Chains: The Hidden Reality of Manual Scavenging in India
Despite the claims of a “manual scavenging-free” India, the grim truth tells a different story. The lives of thousands of sanitation workers remain trapped in hazardous and dehumanizing conditions. Here’s what you need to know:
Who Are the Sewer and Septic Tank Workers (SSWs)?
Under the NAMASTE Programme (2024), 38,000 workers were profiled to promote safe, mechanized sanitation. The findings reveal:
68.9% belong to Scheduled Castes (SC)
14.7% belong to Other Backward Classes (OBC)
8.3% belong to Scheduled Tribes (ST)
Only 8% are from the general category
💡 Key Insight: Over 77% of these workers are Dalits, exposing the undeniable link between manual scavenging and caste-based discrimination.
The Government’s Claims vs. Reality
The Indian government officially states:
🚫 “No manual scavenging exists in India.”
📱 The Swachhata Abhiyaan App (2020) reported 6,256 cases of insanitary latrines—but none were deemed “credible.”
Yet, discrepancies in government responses (2023–2024) paint a conflicting picture:
766 districts assessed, but only 732 districts declared manual scavenging-free.
No records of workers’ caste details, yet profiling under NAMASTE contradicts this claim.
The Human Cost of Denial
Hazardous cleaning of sewers and septic tanks continues to claim lives:
377 deaths reported (2019–2023) due to unsafe conditions.
339 deaths recorded in 2022–2023 alone by the Safai Karamchari Andolan (SKA).
⚠ The Prohibition of Employment as Manual Scavengers Act, 2013, narrowly defines “manual scavenging,” leaving hazardous cleaners unprotected and unrewarded for their bravery.
A Glimpse at History: Surveys on ‘Erstwhile Manual Scavengers’
2013 & 2018 surveys identified 58,098 workers still engaged in manual scavenging.
Karnataka led with 2,927 workers, followed by Andhra Pradesh (1,793), Kerala (518), and Tamil Nadu (398).
Why This Matters
Behind every statistic lies a human story—of exploitation, stigma, and lost lives.
💔 Hazardous cleaning isn’t just a job—it’s a death sentence.
Be Part of the Change
We can’t let manual scavenging be a forgotten tragedy. Here’s how you can help:
Raise Awareness: Share these facts with your community.
Advocate for Mechanization: Push for safer, machine-based alternatives to protect lives.
Support the Workers: Donate to help rehabilitate sanitation workers and their families.
Let’s Build a Dignified Tomorrow
Manual scavenging is more than a caste-based practice; it’s a human rights crisis. Together, we can break this cycle of oppression and give every worker the dignity they deserve.
💡 Join Us in Eradicating Manual Scavenging—Forever.
💗 Support Our Mission | 📖 Learn More | 🤝 Get Involved
