The High Court of Karnataka has made it clear to the State government that henceforth, scavenging across the State should be done only with the aid and assistance of the equipment specified in the rules framed under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
The court also directed the government to submit details of the equipment provided under the 2013 Act, their availability with the local authorities, and the reason for non-availability as it is mandatory for the local bodies to possess the necessary devices as per the rules. A Division Bench comprising Justice Satish Chandra Sharma and Justice Sachin Shankar Magadum issued the directions on Monday while hearing two separate PIL petitions filed by the Karnataka State Legal Services Authority and the All India Central Council of Trade Unions complaining about the non-implementation of the laws prohibiting manual scavenging in Karnataka. “It is made clear that henceforth, there will be no more manual scavenging in the State ignoring the statutory provisions of the Act and rules of 2013,” Bench observed.
The 2013 rules list around 40 types of protective gear and devices to be provided to persons engaged in cleaning of sewer/septic tank. They also prescribe 14 types of devices and machines that the local authorities should possess for the same. The court, in its December 2020 order, had found that there was hardly any implementation of the 2013 rules in the State.
On the two incidents of death of some persons while manually cleaning manholes in Kalaburagi (in January) and Ramanagaram (in June), the Bench directed that the Deputy Commissioners of both districts should be present before the court during next date of hearing on October 4 for the failure of the local authorities in enforcing the provision of the 2013 Act related to identification and rehabilitation of manual scavengers.
The Deputy Commissioners need not appear if they submit a report of compliance on rehabilitation of manual scavengers, the Bench said.
