SAFAI KARAMCHARI ANDOLAN & ORS. versus UNION OF INDIA & ORS.

Citation: [2014] 4 S.C.R. 197 · Decided: 27-03-2014 · Supreme Court of India · Bench: P. SATHASIVAM · Disposal: Disposed off

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2014] 4 S.C.R. 197 
SAFAI KARAMCHARI ANDOLAN & ORS. 
v. 
UNION OF INDIA & ORS. 
(Writ Petition (Civil) No. 583 of 2003) 
MARCH 27, 2014 
[P. SATHASIVAM, CJI, RANJAN GOGOi AND 
N.V. RAMANA, JJ.) 
A 
B 
PROHIBIT/ON OF EMPLOYMENT AS MANUAL 
SCAVENGERS AND THEIR REHABILITATION ACT, 2013: 
C 
Object of - Discussed. 
CONSTITUTION OF IND/A, 1950: Articles 14, 17, 21 
and 47 - Non-implementation of Employment of Manual 
Scavengers and Construction of Dry Latrines (Prohitµtion) 
0 
Act, 1993 - PIL - Grievance of petitioner that manual 
scavenging continues unabated and dry latrines continue to 
exist notwithstanding the fact that 1993 Act was in force for 
nearly tw~ decades - Writ petition inter alia, seeking for 
enforcement of fundamental rights guaranteed under Articles 
E 
14, 17, 21 and 47; complete eradication of Dry Latrines; and 
for declaring the practice of manual scavenging and the 
operation of Dry Latrines violative of the Constitution and the 
1993 Act - Held: Due to effective intervention and directions 
of the Supreme Court, the Government brought Prohibition 
F 
of Employment as Manual Scavengers and their 
Rehabilitation Act, 2013 for abolition of this evil and for welfare 
of manual scavengers - In view of various provisions of 2013 
Act and in the light of various orders passed by Supreme 
Court from time to time, various directions passed for 
rehabilitation of the manual scavengers and for welfare of their G 
family and children - All the State Governments and the 
Union Territories directed to fully implement the same and 
take appropriate action for non-implementation as well as 
197 
H 
198 
SUPREME COURT REPORTS 
[2014] 4 S.C.R. 
A violation of the provisions contained in the 2013 Act -
Inasmuch as the Act 2013 occupies the entire field, no further 
monitoring required by the Supreme Court - However, duty 
cast on all the States and the Union Territories to fully 
implement and to take action against the violators - lnJuture, 
B persons aggrieved to approach the authorities concerned at 
the first instance and thereafter the High Court having 
jurisdiction - Writ petition disposed of - Employment of 
Manual Scavengers and Construction of Dry Latrines 
(Prohibition) Act, 1993 -.Prohibition of Employment as Manual 
c Scavengers and their Rehabilitation Act, 2013 - ss.2(1)(d), (e) 
and (g). 
/NTERNA TIONAL CONVENTIONS AND COVENANTS: 
Binding effect of - Held: The provisions of the lntemational 
Covenants, which have been ratified by India, are binding to 
D the extent that they are not inconsistent with the provisions of 
the domestic Jaw. 
The instant writ petition was filed as a Public Interest 
Litigation under Article 32 of the Constitution of India 
E praying for issuance of a writ of mandamus to the 
respondent-Union of India, State Governments and Union 
Territories to strictly enforce the implementation of the 
Employment of Manual Scavengers and Construction of 
Dry Latrines (Prohibition) Act, 1993 inter alia, seeking for 
F enforcement of fundamental rights guaranteed under 
Articles 14, 17, 21 and 47 of the Constitution of India. The 
relief sought by the petitioner was complete eradication 
of Dry Latrines; to declare continuance of the practice of 
manual scavenging and the operation of Dry Latrines 
G violative of Articles 14, 17, 21 and 23 of the Constitution 
and the 1993 Act; to direct the respondents to adopt and 
implement the Act and to formulate detailed plans, on time 
bound basis, for complete eradication of practice of 
manual scavenging and rehabilitation of persons 
H engaged in such practice; to direct Union of India and 
SAFAI KARAMCHARI ANDOLAN & ORS. v. UNION 
199 
OF INDIA & ORS. 
State Governments to issue necessary directives to 
A 
various Municipal Corporations, Municipalities and Nagar 
Panchayats (all local bodies) to strictly implement the 
provisions of the Act and initiate prosecution against the 
violators; and to file periodical Compliance Reports 
pursuant to various directions issued by the Supreme 
B 
Court. 
Disposing of the writ petition, the Court 
HELD: 1. The practice of untouchability in general 
and of manual scavenging in particular was deprecated 
C 
in no uncertain terms by Dr. B.R. Ambedkar, Chairman of 
the Drafting Committee of the Constitution of India. 
Accordingly, in Chapter Ill of the Constitution, Article 17 
abolished untouchability. Article 17 of the Constitution 
was initially implemented through the enactment of the 
D 
Protection of 

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