The Delhi High Court on Wednesday (23 September) directed the municipal corporations in Delhi to conduct a survey of persons engaged or employed in manual scavenging within their jurisdiction within two months. A division bench of Justice B.D. Ahmed and Justice Sanjeev Sachdeva said even after the enactment of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act in 2013, the “plight of such person engaged in manual scavenging has not improved”.
It also expressed displeasure that the survey, which was supposed to be completed within two months of the said Act coming into force on September 19, 2013 has not been carried out till now.
Until the list of people engaged in the profession is made, their rehabilitation process could not begin, said the bench.
As per the act, once the list is published, all such people will be discharged from working as manual scavengers, and will be given financial and other assistance.
The court directed all municipal corporations including the New Delhi Municipal Corporation and Delhi Cantonment Board to submit the report after completion of the survey, while asking the Delhi Jal Board, Northern Railways and other authorities to cooperate in its conduct.
It further directed the civic agencies to carry out a survey of insanitary latrines (which requires human excreta to be cleaned or otherwise handled manually) existing within its jurisdiction within two months.
As per the Act, all such insanitary latrines are to be either demolished or converted into a sanitary latrine.
The court also directed the authorities to submit a status report on construction of adequate number of sanitary community latrines in their jurisdiction, which, according to the act, was to be completed within three years.
It is pertinent to mention that Section 4 of the said Act, namely, Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, mandates Local authorities to survey insanitary latrines and provide sanitary community latrines, and lays down as under:
“4. (1) Every local authority shall,—
(a) carry out a survey of insanitary latrines existing within its jurisdiction, and publish a list of such insanitary latrines, in such manner as may be prescribed, within a period of two months from the date of commencement of this Act;
(b) give a notice to the occupier, within fifteen days from the date of publication of the list under clause (a), to either demolish the insanitary latrine or convert it into a sanitary latrine, within a period of six months from the date of commencement of this Act: Provided that the local authority may for sufficient reasons to be recorded in writing extend the said period not exceeding three months;
(c) construct, within a period not exceeding nine months from the date of commencement of this Act, such number of sanitary community latrines as it considers necessary, in the areas where insanitary latrines have been found.
(2) Without prejudice to the provisions contained in sub-section (1), Municipalities, Cantonment Boards and railway authorities shall also construct adequate number of sanitary community latrines, within such period not exceeding three years from the date of commencement of this Act, as the appropriate Government may, by notification, specify, so as to eliminate the practice of open defecation in their jurisdiction.
(3) It shall be the responsibility of local authorities to construct community sanitary latrines as specified in sub-sections (1) and (2), and also to make arrangements for their hygienic upkeep at all times.
Explanation.—For the purposes of this section, “community” in relation to railway authorities means passengers, staff and other authorised users of railways.”
Likewise, Section 5 of the said Act prohibits insanitary latrines and employment and engagement of manual scavenger, and lays down as under:
“5. (1) Notwithstanding anything inconsistent therewith contained in the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993, no person, local authority or any agency shall, after the date of commencement of this Act,—
(a) construct an insanitary latrine; or
(b) engage or employ, either directly or indirectly, a manual scavenger, and every person so engaged or employed shall stand discharged immediately from any obligation, express or implied, to do manual scavenging.
(2) Every insanitary latrine existing on the date of commencement of this Act, shall either be demolished or be converted into a sanitary latrine, by the occupier at his own cost, before the expiry of the period so specified in clause (b) of sub-section (1) of section 4:
Provided that where there are several occupiers in relation to an insanitary latrine, the liability to demolish or convert it shall lie with,—
(a) the owner of the premises, in case one of the occupiers happens to be the owner; and
(b) all the occupiers, jointly and severally, in all other cases: Provided that the State Government may give assistance for conversion of insanitary latrines into sanitary latrines to occupiers from such categories of persons and on such scale, as it may, by notification, specify:
Provided further that non-receipt of State assistance shall not be a valid ground to maintain or use an insanitary latrine, beyond the said period of nine months.
(3) If any occupier fails to demolish an insanitary latrine or convert it into a sanitary latrine within the period specified in sub-section (2), the local authority having jurisdiction over the area in which such insanitary latrine is situated, shall, after giving notice of not less than twenty one days to the occupier, either convert such latrine into a sanitary latrine, or demolish such insanitary latrine, and shall be entitled to recover the cost of such conversion or, as the case may be, of demolition, from such occupier in such manner as may be prescribed.”
The High Court was unhappy that the provisions of the above Act have not been complied with.
