The Supreme Court has taken serious note of
manual sewer cleaning being carried out right outside its own premises and has
sought an explanation from the Public Works Department (PWD) regarding the
continuation of this prohibited and hazardous practice. The matter is being
monitored by a bench of Justices Sudhanshu Dhulia and Aravind Kumar, which has
been overseeing compliance with its earlier directions to eliminate manual
scavenging and manual sewer cleaning.
The issue traces back to the Court’s
judgment in *Dr. Balram Singh v. Union of India* in 2023, where a series of
directives were issued to completely eradicate the dangerous and inhuman
practice of manual scavenging. In January this year, the same bench had
specifically directed that manual scavenging and manual sewer cleaning be
stopped in all major metropolitan cities, including Delhi, Mumbai, Kolkata,
Chennai, Bangalore, and Hyderabad. The Court had repeatedly expressed concern
over what it described as a lackadaisical approach by the authorities in
implementing these orders.
On August 6, during the ongoing
proceedings, the Court was presented with photographs by Senior Advocate and
amicus curiae K. Parameshwar, showing workers engaged in manual cleaning
without any protective gear. The images revealed that such hazardous cleaning
was taking place directly at Gate F of the Supreme Court itself. Disturbed by
this revelation, the bench ordered the concerned PWD officer to file a reply
explaining why this practice was continuing, despite the clear and binding
prohibition.
The bench also impleaded the East Delhi
Municipal Corporation (EDMC) as a party to the case and issued notice to it.
The EDMC, through its Chief Executive Officer, was directed to file an
affidavit explaining why manual scavenging and hazardous cleaning was still
being carried out with human labour, thereby exposing workers to
life-threatening risks. The Court stressed that these workers were not even
provided with proper safety equipment, in violation of both legal mandates and
human dignity.
The Court cautioned that if a satisfactory
explanation is not provided by the next hearing date, it would have no choice
but to order the registration of a first information report (FIR) against the
officers responsible for allowing such practices to continue. It made it clear
that accountability would be enforced at an individual level to ensure
compliance.
The matter is now listed for further
hearing on September 10. The bench indicated that if, by that date, the replies
from the PWD or the EDMC fail to convincingly explain the circumstances and the
remedial steps taken, criminal proceedings would be initiated against those
found responsible for exposing workers to hazardous conditions.
The applications leading to this latest
development were filed by Advocate Akshay Lodhi, represented by
Advocate-on-Record Pawan Reley. The case highlights the continuing struggle to
enforce the prohibition on manual scavenging, despite repeated judicial
interventions, and underscores the Court’s readiness to impose strict measures
where its orders are flouted—even when the violations occur right outside its
own gates.