Research › Browse › Judgment

Supreme Court of India · body

2009 DIGILAW 1171 (SC)

SAFAI KARAM CHARI ANDOLAN v. UNION OF INDIA

2009-05-08

ARIJIT PASAYAT, K.G.BALAKRISHNAN, P.SATHASIVAM

body2009
ORDER 1. Issue notice to the State of Uttaranchal (Respondent 22). The respondent State is directed to file an affidavit to the following effect within six weeks: (a) The infonnation given by the petitioners shows that survey confined to one district (Haridwar) reveals that there are 88 manual scavengers working in 159 dry latrines in the urban area of Rourkee alone; (b) Pending infonnation regarding the prevalence of manual scavenging in other districts in the State, the District Magistrate, Haridwar must show cause why prosecution has not been initiated against the dry latrine owners; (c) The State to file affidavit indicating the position with regard to other districts after conducting re-survey in an the districts. It may be noted that according to the National Commission for Safai Karamcharis, in 2007 there were 1477 manual scavengers in the State of Uttaranchal; (d) The State Government to comply with the directions contained in the order dated 11-12-2007 to appoint executive authorities under Section 5 of the 1993 Act. 2. Issue notice to the State of Delhi (Respondent 34). The State is directed to file an affidavit to the following effect within six weeks: (a) As per letter dated 26-5-2008 of the PIO, Delhi SC/ST/OBC/Minorities & Handicapped Financial & Development Corpn. Ltd. it has been stated that there are 1085 manual scavengers in Delhi; (b) Further, a letter dated 30-1-2008 of the Director-in-Chief, MCD annexed to the affidavit filed by the State of Delhi, admits that dry latrines are in existence in Delhi; (c) The survey conducted by the petitioners gives details that in the north-east district alone, there are 5 manual scavengers and 15 individual dry latrines at present; (d) In view of the above, it is mandatory that action must be taken under the 1993 Act. Unfortunately, the State of Delhi has not yet adopted the 1993 Act and notified the same, and as such the executive authorities which can launch prosecutions under the 1993 Act do not exist. 3. List after six weeks. Court Masters