Balram Singh v.
Union of India
and Ors.
MANU/SC/1183/2023
DATE OF DECISION:
October 20th, 2023
BENCH:
Justices S. Ravindra Bhat
and Aravind Kumar
CASE TIMELINE
1993:
The Indian government enacted the Employment of
Manual Scavengers and Construction of Dry Latrines
(Prohibition) Act, 1993 aimed at prohibiting manual
scavenging and the construction of dry latrines to
address the deeply entrenched caste based practice of
manual scavenging. Alongside, a special Commission for
Safai Karamcharis was established under the National
Commission for Safai Karamcharis Act, 1993, (NCSK
Act) to provide recommendations for the welfare and
rehabilitation of manual scavengers.
2013:
In an attempt to address the continuing practice, a
new Prohibition of Employment as Manual Scavengers
and Their Rehabilitation Act, 2013 was passed, which
extended the prohibition to include the manual
cleaning of insanitary latrines, ditches, and pits. It also
provided for the rehabilitation of manual scavengers
through measures such as training in alternative
occupations, financial assistance, scholarships for
children, and housing provisions, aiming to ensure their
social and economic empowerment. However, the full
implementation of these laws remained incomplete.
508
2013-2023:
India continued to record an alarming number of sewer cleaning-
related fatalities with data showing at least 1,005 deaths having
occurred from 1993 to 2022 (The Hindu, 2023). Notably, 400
deaths were reported between 2017 and 2022 (NDTV, 2022).
31 JANUARY 2023:
Dr. Balram Singh, a lawyer and social worker iled a Public
Interest Litigation (PIL) under Article 32 of the Constitution of
India, seeking the Supreme Court’s intervention to enforce the
provisions of the 1993 and 2013 Acts. Thamate, a rural
empowerment organisation working with Manual Scavengers
joined the case
as an intervenor. The Court appointed an amicus
curiae to assist it with relevant information on the
implementation of the Statutes.
509
Para 97. “If we are to be truly equal in
all respects, the commitment that the
constitution makers gave to all Sections of
the society by entrenching emancipatory
provisions, such as Articles 15(2), 17, 23 and
24, each of us must live up to its promise.
The Union and the States are duty bound
to ensure that the practice of manual
scavenging is completely eradicated.
Each of us owe it to this large segment
of our population, who have remained
unseen, unheard and muted, in bondage,
systematically trapped in inhumane
conditions. The conferment of entitlements
and placement of obligations upon the
Union and the States, through express
prohibitions in the constitution, and
provisions of the 2013 Act, means that they
are obliged to give real meaning to them,
and implement the provisions in the letter
and spirit.”
510
“Upon all of us citizens lies the duty of
realizing true fraternity, which is at the root
of these injunctions. Not without reason
does our Constitution place great emphasis
on the value of dignity and fraternity,
for without these two all other liberties
are chimera, a promise of unreality. It is
all of us who today proudly bask in the
achievements of our republic, who have to
awake and arise, so that the darkness which
has been the fate of generations of our
people is dispelled, and they enjoy all those
freedoms, and justice (social, economic and
political) that we take for granted.”
511
6
KEY ARGUMENTS
Dr. Balram Singh, the petitioner, The Amicus took the Court
argued that despite the through the various facets of the
enactment of the 1993 and 1993 and 2013 Act and the rules
2013 Acts, manual scavenging made under them. It was argued
continued to persist in India. that relevant authorities had
He sought a directive for the been faltering on several fronts.
full implementation of these This ranged from their inability to
laws, calling for a complete completely eradicate the practice
ban on manual scavenging to providing rehabilitation to those
and proper rehabilitation and engaged in the practice and their
alternative employment for those families, providing compensation
engaged in this practice. The to the families of those that died
petition highlighted the failure of from cleaning sewers as well as
authorities to effectively enforce constituting relevant committees
these laws and provide adequate at the state and district levels.
support to those affected.
Supporting this, Thamate, as
an intervenor, raised concerns
about the exception in the Act
under the definition of ‘manual
scavenger’ where it was stated
that those that carried out manual
cleaning with protective gear
would not be deemed to be
manual scavengers and thus not
be entitled to the rehabilitative
and other protections under the
Act. They argued for an expanded
definition of manual scavenging
that involved any person having to
enter a sewer manually.
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QUESTIONS OF LAW
1. Whether the Union or appropriate government
has taken adequate measures for the
implementation of the Act and its Rules and does
not frame policies or issues directions for the
welfare of manual scavengers.
2. Whether the Union is responsible for the
liabilities and compensations for the negligence
and non-compliance of the provisions of the said
overt Acts.
517
HELD
The Court reaffirmed that the those engaged in manual sewer
Constitution of India, through cleaning noting that it was in the
Articles 15(2), 17, 23, and 24, spirit of the 2013 Act to benefit
serves as a powerful safeguard, them.
ensuring rights and protections
for all, particularly for historically The judgement laid out 14
marginalized communities. It directions to the Government to
is the responsibility of both the ensure implementation of the Act.
Union and the States to fulfill
this promise by completely • The Union Government
eradicating the practice of manual must take phased steps to
scavenging. eradicate manual scavenging
entirely and issue guidelines
The judgement addressed prohibiting sewer cleaning
several critical issues, including involving manual entry.
inaccuracies in surveys conducted • All statutory bodies, including
to even determine the number corporations, railways, and
of people engaged in manual cantonments, must comply
scavenging and the shortcomings with these guidelines.
in the implementation of laws and • States and Union Territories
institutions designed to protect must adopt and implement
them. It ruled that if workers are these guidelines across local
required to clean waste without municipalities and bodies
proper protective equipment, under their jurisdiction.
this amounts to forced labour,
and they should be eligible for
rehabilitation.
On the point of expanding the
scope of the definition of manual
scavenger, the Court, on a
technicality, noted that without a
challenge to the Act, it could not
read into the provisions. However,
in the directions, the Court
extended the safeguards even to
518
HELD
• Full rehabilitation measures • Training modules must be
must be provided for sewage created for committees
workers and their families, conducting the national survey
particularly in cases of deaths to ensure its effectiveness.
or disabilities caused by sewer • Scholarships must be set
work. up to provide meaningful
• Compensation for sewer- education to the dependents
related deaths is raised to of deceased or disabled
rupees 30 lakhs, and any sewage workers.
unpaid compensation must • The National Legal Services
now be provided at the revised Authority (NALSA) must assist
rate. in consultations, develop
• Disabled workers must receive models for compensation
a minimum compensation of disbursement, and support
rupees 10 lakhs, with at least implementation efforts.
rupees 20 lakhs for permanent • State and district-level
disabilities that impair their committees must be
earning capacity. established to monitor
• An accountability mechanism the implementation of
must be established to hold these directives, ensuring
agencies responsible for coordination between NCSK,
sewer deaths, including NCSC, NCST, and the Union
canceling contracts and Government.
imposing financial penalties. • A centralized portal and
• A model contract must be dashboard must be
drafted to ensure cleaning developed to track sewer
agencies provide safe working deaths, compensation
conditions and comply with payouts, rehabilitation
guidelines. measures, and policies,
• The NCSK, NCSC, NCST, ensuring transparency and
and the Ministry of Social accountability.
Justice and Empowerment
must conduct a national After passing these directions, the
survey within a year to identify Court kept the matter pending to
individuals still engaged in ensure its implementation.
manual scavenging.
519
THE resulting in preventable fatalities.
Despite the judgment, the
Supreme Court kept the Balram
BIGGER Singh case pending to ensure
compliance. The matter came
up before the Court again in
PICTURE
December 2024 where the Court
noted that most of the directions
had not been complied with. The
Court asked the Government to
The 2013 Act defines Manual file an updated Affidavit detailing
Scavengers as those handling compliance with the directions.
untreated human waste from
insanitary latrines or other spaces,
while ‘hazardous cleaning’
refers to manual cleaning of
sewers or tanks without safety
measures. While hazardous
cleaning involves dealing with
human waste, it is permissible if
protective gear and devices are
provided. The Court emphasised
that hazardous cleaning, like
manual scavenging, violates
human dignity and amounts to
forced labour if done without
protective measures, breaching
Articles 17 and 23 of the
Constitution.
Despite strict legal bans, incidents
of deaths in septic tanks continue
to surface, reflecting confusion
between manual scavenging i.e
cleaning dry latrines and carrying
human waste and hazardous
cleaning of septic tanks and
sewers. These practices often
lack proper safety measures,
520
STATUTORY PROVISIONS:
Employment of Manual Scavengers and Construction of
Dry Latrines (Prohibition) Act, 1993 and the Prohibition
of Employment as Manual Scavengers and their
Rehabilitation Act, 2013
ARTICLES OF THE CONSTITUTION OF INDIA:
Articles 15, 17 & 23
TAGS:
Manual Scavenging, Forced Labour, Untouchability,
Caste based discrimination, Social Justice,
Implementation of PEMRA
LEGAL PRINCIPLES:
Continuing Mandamus
Neutral Citation - 2023 INSC 950
