Municipality heads liable for manual scavenging in their jurisdiction: Madras High Court

The Madras High Court, on 9 September, directed heads of municipal corporations and municipalities to file written undertakings to the effect that no manual scavenging work would be permitted to be undertaken under their jurisdiction. The court observed that organisations and municipal corporations are liable for any form of manual scavenging, a practice that has claimed several lives, under their jurisdiction.    

A Bench comprising Chief Justice Sanjib Banerjee and Justice PD Audikesavalu directed the orders. 

"All Commissioners of Municipal Corporations across the State and heads of the Muncipalities should file written undertakings to the effect that no manual scavenging work would be permitted to be undertaken within the relevant corporations or muncipality areas," the Bench observed.

The Madras HC also said it may ultimately pass an order directing that such an undertaking be furnished by any commissioner connected with a corporation or head of the municipality "when assuming office in future". 

While adjudicating upon a batch of petitions including one by NGO Safai Karamchari Andolan seeking directions to end manual scavenging and ensure proper rehabilitation of victims of manual scavenging, the Madras HC outrightly stated that the heads of corporation and municipalities would be personally liable in case any individual is found manually cleaning the sewers. 

941 sewer-related Deaths in 2020

On 5 August, the Centre conceded that there were 941 sewer/septic tank related deaths but maintained that there were no manual scavenging deaths. Stating that as per two surveys in 2013 and 2018, 58,098 people were engaged in manual scavenging, the Centre listed that Uttar Pradesh had the highest number of manual scavengers (32,473), followed by Maharashtra (6,325), Uttarakhand (4,988) and Assam (3,921). The Centre also affirmed that all recommendations of the National Human Rights Commission (NHRC) have been acted upon including 'Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013'.

As per the data released by the Centre, in 2020, 14,692 manual scavengers received one-time cash assistance - 6,267 from Uttar Pradesh (the highest) and only two from West Bengal (the lowest). A total of 6,204 people engaged in manual scavenging have received skill development training with Uttar Pradesh training 3,741 people. Next on the list were Maharashtra (763) and Uttarakhand (735).

Meanwhile, only 157 manual scavengers have received capital subsidies for projects, of which 146 belong to Uttar Pradesh. As per state records, UP has the highest number of manual scavengers (37,379), followed by Maharashtra (7,378) and Uttarakhand (6,170). Ranking the lowest is Chhattisgarh with just three registered manual scavengers.