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General Latest Legal October 2023

Manual Scavenging – Comprehensive Order dated 20.10.2023 of the Supreme Court for implementation of two Acts of 1993 and 2013.

October 23, 2023 legaldeli

Manual Scavenging – Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and the Prohibition of Employment as Manual Scavengers and The Rehabilitation Act, 2013.

In 2014 (11) SCC 224, the Supreme Court issued directions in para 23 of the judgment to eliminate manual scavenging. Thereafter, the above writ petition was filed in 2020 for directions.

One of the contentions of the Advocate-amicus was that Articles 15, 17, 23 and 24 of the Constitution of India provide for fundamental right of oppressed classes to break away from oppressive structures like manual scavenging and move to alternative sources of dignified employment.

In para 96 of the exhaustive order of 48 pages, the comprehensive directions were issued. To my mind, three important directions will go a way in implementation of the Acts – (4) compensation amount of Rs.30 lakhs for sewer deaths, (11) involvement of the National Legal Services Authority and (14) a portal and a dashboard, containing all relevant information including sewer deaths, victims and the status compensation disbursement, rehabilitation measures and rehabilitation policies.

Quotation of Dr. B.R. Ambedkar in the conclusion – “For ours is a battle not for wealth or for power. It is a battle for freedom. It is the battle of reclamation of human personality.

Order dated 20.10.2023 of 48 pages in Writ Petition (Civil) No.324 of 2020 – Dr. Balram Singh Vs. Union of India and others

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