Safai Karamchari Andolan v. Union of India (2014)

Quick Summary

The Supreme Court firmly said: manual scavenging must end. The practice violates equality and dignity. The Court relied on the 2013 law to push a full ban and ordered strong rehabilitation—cash help, housing, training, and jobs. Sewer deaths must be treated as a crime. Each affected family should receive compensation.

Issues

• Does manual scavenging violate Articles 14, 17, 21, and 23?
• Were the 1993 and later 2013 laws implemented in letter and spirit?
• What time-bound steps are needed for full eradication and rehabilitation?
• How should the State respond to sewer deaths and ongoing dry latrines?

Rules

• Constitution: Arts. 14, 17, 21, 23 – equality, abolition of untouchability, dignity, ban on forced labour.
• 1993 Act: Prohibits dry latrines and manual cleaning.
• 2013 Act: Prohibits employment as manual scavengers; mandates rehabilitation.
• Administrative Law: Duty to enforce, monitor, and compensate.

Arguments

Judgment

The Court called manual scavenging an inhuman and caste-linked practice. It affirmed that the 2013 Act must be fully implemented. Dry latrines must go. Every identified worker must be rehabilitated with cash, housing, education, and job support. Sewer deaths must be treated as a crime, and ₹10 lakhs compensation must be paid to each victim’s family. Railways must end manual cleaning on tracks through a clear, time-bound plan.

Ratio Decidendi

Manual scavenging violates Articles 14, 17, 21, and 23. The State has a non-negotiable duty to prohibit the practice, remove dry latrines, and rehabilitate affected workers under the 2013 Act, with criminal liability and compensation for sewer deaths.

Why It Matters

• Moves the law from paper to practice—time-bound enforcement and monitoring.
• Centers dignity and equality for the most marginalized communities.
• Sets a clear compensation standard for sewer deaths and assigns accountability.

Key Takeaways

1. Manual scavenging is unconstitutional and illegal—zero tolerance.
2. 2013 Act must be enforced with real rehabilitation, not just notices.
3. Sewer deaths = crime; ₹10 lakhs compensation per family.
4. Railways and local bodies must end dry latrines and manual cleaning.

Mnemonic + 3-Step Hook

Mnemonic: “BAN & HEAL” – BAN the practice, & HEAL the workers.

1. Ban: Remove dry latrines; prosecute violations.
2. Rehab: Cash, housing, education, skills, jobs.
3. Protect: Treat sewer deaths as crime; pay compensation.

IRAC Outline

Issue: Can India allow manual scavenging and dry latrines despite constitutional rights and statutes?

Rule: Arts. 14, 17, 21, 23; 1993 Act; 2013 Act – total prohibition and mandatory rehabilitation.

Application: Continued practice shows poor enforcement; Court orders ban, conversion, and full rehabilitation with accountability.

Conclusion: Practice must end; workers must be supported; sewer deaths must lead to prosecution and compensation.

Glossary

Manual Scavenging

Manual removal of human waste from dry toilets or sewers; unlawful and degrading.

Dry Latrine

A toilet without a safe water-based system; requires manual cleaning—banned by law.

Rehabilitation

Support to move workers into safe, dignified livelihoods—cash, housing, education, training.

Sewer Deaths

Deaths during sewer or septic tank cleaning; must be criminally investigated and compensated.

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