HC issues notice to Delhi, Centre govt on plea against Manual Scavengers Act

New Delhi: The Delhi High Court has taken cognizance of a public interest litigation (PIL) challenging the exclusion of sewer and septic tank cleaners from the ambit of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora has issued notices to the Union government through the Ministry of Social Justice and Empowerment and the Delhi government, seeking their response within eight weeks.

The plea, filed by a septic tank cleaner and a daily wage labourer, follows the tragic death of the petitioner’s brother, also a sewer cleaner, in 2017 while on duty in Lajpat Nagar.

The petition calls for the striking down of several sections of the 2013 Act and its accompanying rules, citing violations of constitutional articles pertaining to equality, dignity, and prohibition of untouchability.

According to the plea, the exclusion of sewer and septic tank cleaners from the purview of the Act is arbitrary and discriminatory.

It contends that such workers are equally vulnerable to the hazards associated with manual scavenging and should be entitled to the same protections and benefits as manual scavengers under the law.

“It is violation of Article 14 because it is not only manifestly arbitrary but also against the principles of reasonable classification,” the plea asserts.

The petition challenges specific provisions of the Act, including the Explanation (b) of Section 2(1)(g), which creates a distinction between manual scavengers based on the use of protective gear. It argues that this classification denies essential benefits to sewer cleaners who use protective equipment, perpetuating injustice and legitimising manual scavenging.

Furthermore, the petition contests Explanation (a) of Section 2(1)(g), which limits the definition of manual scavengers to regular or contractual employees, excluding daily wage workers and temporary workers from its purview. The petition argues that such exclusions are antithetical to the objectives of the Act and undermine efforts to eradicate manual scavenging.

“The idea behind formulating such a section does not go along with the objective of the MS Act, 2013,” the petition states.

The High Court has scheduled the next hearing for July 4, indicating the gravity of the matter and the need for a thorough examination of the issues raised.