Manual Scavenging: ‘Ensure strict compliance of statutory provisions’

NEW DELHI: The Delhi High Court on Friday directed Delhi Government to ensure strict compliance of statutory provisions as contained in the provisions of Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 and the Rules framed thereunder.

The Bench of Justice Satish Chander Sharma and Justice Subramonium Prasad on Friday said, in the considered opinion of this Court, GNCTD does not have any other choice except to implement the statutory provisions as contained under the provisions of Prohibition of Employment As Manual Scavengers And Their Rehabilitation Act, 2013 and the Rules framed thereunder.

Therefore, the respondent Government is directed to ensure strict compliance of the statutory provisions as contained in the Act of 2013 and the Rules framed thereunder. The Government shall also keep in mind the various recommendations submitted by the DCSK from time to time and shall take a decision positively within a period of 60 days of any such recommendation being made by the Commission to the Government.

Court noted that the counter-affidavits on record make it clear that the Delhi Commission for Safai Karamachari (DCSK) is in existence. The Commission is investigating, examining and monitoring all matters relating to the safeguards to be provided to Safai Karamcharis residing in Delhi - as provided under the Act and the Constitution of India and a periodical assessment is carried out by the Commission.

The recommendations of the Commission are forwarded to the GNCTD, and therefore, this Court is of the opinion that the DCSK - as prayed for by the petitioner, is discharging its responsibilities keeping in view the Delhi Act 7 of 2006, said the court.

The Court order come, while hearing a Public Interest Litigation (PIL) filed by Harnam Singh stating that he is a social activist and former Chairman of the Delhi Commission for Safai Karamcharis (DCSK), Government of National Capital Territory of Delhi (GNCTD).

The petitioner sought direction to the Respondent to act and fulfil its responsibilities enshrined under the Constitution of India, 1950, National Commission for Safai Karamcharis Act, 1993, Resolution on March 28 in 2019 read with resolution on March 2 in 2009, and The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013. Petitioner also sought direction to the Respondents to provide health insurance and medical facilities to all Sanitation Workers as well as their families.