Safiya Malik

The Supreme Court has directed the Chief Executive Officers of six metropolitan cities to submit affidavits detailing measures taken to eliminate manual scavenging and manual sewer cleaning. The order follows a previous directive requiring the Union of India to collect feedback from all states regarding the extent to which these practices have been eradicated. The court observed that given the availability of modern technology, manual scavenging should not be necessary and must be discontinued.

The proceedings stem from a writ petition filed to address the continued existence of manual scavenging despite statutory prohibitions. The petitioner contended that despite the enactment of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, the practice persists in various parts of the country.

In an earlier order dated December 11, 2024, the Supreme Court directed the Union of India to coordinate with all states and stakeholders and to submit a comprehensive affidavit providing a district-wise status report on manual scavenging and manual sewer cleaning. In compliance, the Union of India filed an affidavit indicating that out of 775 districts across the country, 456 districts reported no instances of manual scavenging or manual sewer cleaning.

During the hearing, Additional Solicitor General Aishwarya Bhati informed the court that while certain districts had successfully eliminated these practices, there was no clarity regarding their status in metropolitan cities. The court observed that its earlier judgment dated October 20, 2023, had sought to ensure complete eradication of manual scavenging and that further directives were now necessary.

A bench comprising Justice Sudhanshu Dhulia and Justice Aravind Kumar examined the submissions made by the Union of India and noted that despite prior judicial interventions, the eradication of manual scavenging remained uncertain in major cities. The court recorded that “there is no clarity as to whether at least in some of the states or at least in the metropolitan cities, the manual scavenging and manual sewer cleaning has been eradicated or given up.”

Taking into consideration the technological advancements available in urban centers, the court remarked that “in all these metropolitan cities, all modern scientific machineries and tools are available for scavenging and sewer cleaning, without active human participation, therefore manual scavenging and manual sewer cleaning should not be required.”

The court further stated that given the persistent uncertainties regarding compliance, it was necessary to obtain precise information from the authorities responsible for urban governance in major metropolitan areas.

The Supreme Court directed the Chief Executive Officers (by whichever designation they are known in their respective states) of Delhi, Mumbai, Kolkata, Chennai, Bangalore, and Hyderabad to submit detailed affidavits specifying the timeline and measures adopted to eliminate manual scavenging and manual sewer cleaning within their jurisdictions.

The order mandates that these affidavits be filed by February 13, 2025, and that copies be provided to the Union of India and the Amicus Curiae in advance. The matter is scheduled for further hearing on February 19, 2025.

The court stated, “We, therefore, direct that the Chief Executive Officers of each of the abovementioned metropolitan cities file precise affidavit(s) before this Court apprising as to how and when manual scavenging and manual sewer cleaning was stopped in their metropolitan city.”

Case Title: Dr. Balram Singh vs. Union of India & Ors.
Case Number: Writ Petition (Civil) No. 324/2020
Bench: Justice Sudhanshu Dhulia, Justice Aravind Kumar

[Read/Download order]