CHENNAI: Expressing concern over the abject conditions of conservancy workers employed in manual scavenging and the resultant deaths in slush, the Madras High Court issued a set of 19 guidelines to the government to effectively deal with the issue. The court also asked the government to eradicate the practice by at least 2026.
The first bench of Chief Justice SV Gangapurwala and Justice J Sathya Narayana Prasad issued the guidelines in an order passed on Monday while hearing a batch of petitions in this connection.
While courts have acknowledged the right of a human corpse for decent burial/cremation and right to sleep as fundamental rights, it is disheartening to note that the practice of manual scavenging still subsists, the bench said.
It termed manual scavenging as a bane on society that perpetuates the violation of human rights and dignity of marginalised communities. “It is a stark reminder of the deep-rooted inequalities and discrimination that continue to persist in our society highlighting the urgent need for collective action to eradicate this hazardous practice. Manual scavenging must be fully eradicated at least in a phased manner, may be by 2026,” the bench told the government.
The guidelines included steps to ensure mechanisation of clearing of sewer, septic tank and stormwater drains. The court suggested registration of FIR against not only the contractors but also the head of the civic body in the case of death of workers as part of deterrent measure.
The court directed the state government to frame a scheme for offering compassionate appointment to one member of the family of the deceased scavengers and it should be applicable from 2017. It suggested the compensation paid for the family of workers who die in manual scavenging to be increased to `20 lakh from `10 lakh.
Urging the authorities to ensure strict implementation and compliance of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2023, the court stressed on steps for sensitising sanitary workers on the perils of manual scavenging.
Senior counsel Srinath Sridevan appeared for one of the petitioners in the case.