Order of the High Court of Karnataka regarding manual scavengers, 09/12/2021

  • 09/12/2020

Order of the High Court of Karnataka at Bengaluru dated 09/12/2020 in the matter of All India Council of Trade Unions Vs Union of India & Others.

Two writ petitions were filed. The first writ petition was filed under Articles 226 and 227 of the Constitution of India, praying to discontinue the practice of allowing/forcing sanitary workers to physically enter manholes, sewer lines, septic tanks.

The second writ petition was filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to give a report on the action taken by them for removal of the inhuman practice and the implementation of the provisions of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013.

The Karnataka High Court directed the state government to furnish details about the number of First Information Reports registered for the offences punishable under the Manual Scavengers Act, the details of the cases in which charge sheets were filed, the details of the cases which are pending and the details of the cases which resulted in conviction. The figures of cases which resulted into acquittal shall be also placed on record.

The Karnataka government has been asked to produce necessary material to show that the District Level Survey Committees as contemplated by sub-clause (c) of Rule 2 of the Manual Scavengers Rules have been duly constituted. Further, information about the data from all the districts for ascertaining whether the District Level Survey Committees have conducted surveys of manual scavengers and whether the Committees have published the final list of manual scavengers of the respective districts.