DR. BALRAM SINGH versus UNION OF INDIA & ORS.

Citation: [2023] 14 S.C.R. 1083 · Decided: 20-10-2023 · Supreme Court of India · Bench: S. RAVINDRA BHAT · Disposal: Directions issued

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Judgment (excerpt)

[2023] 14 S.C.R. 1083 : 2023 INSC 950
1083
CASE DETAILS
DR. BALRAM SINGH
v.
UNION OF INDIA & ORS.
(Writ Petition (Civil) No(s). 324 of 2020)
OCTOBER 20, 2023
[S. RAVINDRA BHAT AND ARAVIND KUMAR, JJ.]
HEADNOTES
Issue for consideration: Implementation of the provisions of 
Prohibition of Employment as Manual Scavengers and Their Rehabilitation 
Act, 2013 and the Employment of Manual Scavengers and Construction of 
Dry Latrines (Prohibition) Act, 1993.
Prohibition of Employment as Manual Scavengers and Their 
Rehabilitation Act, 2013 – Employment of Manual Scavengers and 
Construction of Dry Latrines (Prohibition) Act, 1993 – Directions by 
Supreme Court – Eradication of manual scavenging in a phased manner 
– Rehabilitation measures – Compensation for sewer deaths etc.:
Held: The Union should take appropriate measures and frame 
policies and issue directions, to all statutory bodies to ensure that manual 
sewer cleaning is completely eradicated in a phased manner, and also issue 
guidelines and directions that any sewer cleaning work outsourced, or 
required to be discharged, by or through contractors or agencies, do not 
require individuals to enter sewers, for any purpose whatsoever – States 
and Union Territories to ensure that all departments, agencies, corporations 
ensure that guidelines and directions framed by the Union are embodied in 
their own guidelines and directions – States to ensure that such directions 
are applicable to all municipalities, and local bodies functioning within 
their territories – The Union, State and Union Territories to ensure that full 
rehabilitation (including employment to the next of kin, education to the 
wards, and skill training) measures are taken in respect of sewage workers, 
and those who die – Compensation for sewer deaths shall be Rs.30 lakhs 
– Compensation stated in the case of sewer victims suff ering disabilities, 
depending upon the severity of disabilities – Mechanism be devised to 
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SUPREME COURT REPORTS 
[2023] 14 S.C.R.
ensure accountability, especially wherever sewer deaths occur in the course 
of contractual or outsourced work – A model contract to be deviced, to be 
used wherever contracts are to be awarded and in the event of any mishap, 
the agency would lose its contract, possibly blacklisting – Modalities be 
drawn for the conduct of a National Survey – NALSA shall be part of the 
consultations, toward framing the policies as directed – The Union, State 
and Union Territories to ensure coordination with all the commissions like 
National Commission for Safai Karamcharis (NCSK), State Commission 
for Safai Karamcharis (NCSC) for setting up of state level, district level 
committees and commissions, in a time bound manner – NCSK, NCSC, 
National Commission for Scheduled Tribes (NCST) and the Union 
government to coordinate and prepare training and education modules, for 
information and use by district and state level agencies, under the 2013 Act 
– A portal and a dashboard, containing all relevant information, including the 
information relating to sewer deaths, victims and the status of compensation 
disbursement, as well as rehabilitation measures taken, and existing and 
available rehabilitation policies be developed and launched – Prohibition of 
Employment as Manual Scavengers and Their Rehabilitation Rules, 2013– 
National Commission for Safai Karamchari Act, 1993– Constitution of 
India– Articles 15(2), 17, 23, 24– Civil Rights Act, 1955 – Contract Labour 
(Prohibition and Regulation Act), 1970. [Para 96]
Prohibition of Employment as Manual Scavengers and Their 
Rehabilitation Act, 2013 – s.11 – Interpretation of – Plea of the Union 
that s.11 requires localized surveys by local bodies and not a national 
survey:
Held: 2013 Act is not a regular statute, it is emancipatory in character 
and is a manifestation of the constitutional code of upliftment – The 
groundbreaking purpose of the 2013 Act is to ensure that manual scavengers 
are rehabilitated – Rehabilitation is a step after identifi cation – Without a 
survey, rehabilitation is not workable – The statutory scheme cannot be 
undermined through an interpretation that would leave the implementation 
of the 2013 Act solely with the local bodies, without any guidance from the 
Governments, State and Central – The Central and State Governments were 
and are, duty-bound to lay down the parameters under which a local body 
was mandated to conduct a survey – While the methodology of the Survey 
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