Issue:
The Supreme Court, in the case of Dr. Balram Singh v. Union of India, has issued crucial directives pertaining to the eradication of manual scavenging and the enhancement of compensation for sewer deaths, permanently disabled individuals, and other forms of disability.
Facts of the Case:
The case was a Public Interest Litigation (PIL) challenging the employment of manual scavengers in India. The practice of manual scavenging, involving the hazardous cleaning of sewers and septic tanks, continued despite legal prohibitions. The case sought to address the violation of human rights and dignity.
Arguments Presented by Parties:
- The petitioner, represented by amicus curiae K Parameshwar and senior advocate Jayna Kothari, argued for the complete elimination of manual scavenging and the need for more robust rehabilitation measures.
- The Union Government, represented by Additional Solicitor General of India Aishwarya Bhati, acknowledged the need for change but argued for a cautious approach, citing difficulties in implementation.
Reasoning of the Judgement:
The Supreme Court, in its judgement, emphasized the constitutional commitment to eradicating manual scavenging. It highlighted the importance of Articles 15(2), 17, and 23 and 24 of the Indian Constitution, which prohibit discrimination and forced labor. The Court noted that these provisions impose obligations on the Union and State governments to eliminate the practice.
The judgement also underscored the significance of dignity and fraternity in the Constitution, stating that these values underpin all other liberties. The Court recognized the need for accountability in cases of sewer deaths during contractual or outsourced work, suggesting contract cancellation and financial penalties to deter the practice.
Judgement:
The Supreme Court issued a series of directives aimed at eradicating manual scavenging and improving the lives of sewage workers. The key directives include:
- Complete eradication of manual sewer cleaning.
- Adoption of guidelines and directions to ensure the safety of workers.
- Compensation for sewer deaths increased to Rs. 30 lakhs.
- Compensation for disabilities not less than Rs. 10 lakhs, with a minimum of Rs. 20 lakhs for permanent disabilities, etc.
- The Supreme Court urged the Union and State governments to diligently implement these directives to finally eradicate manual scavenging in India. The next hearing on this matter is scheduled for February 1, 2024.
Case title: Dr.Balram Singh vs Union of India
Written By: Nikita Shankar