Case Note & Summary
The petitioner, Sahaya Philomin Raj, filed a Public Interest Litigation before the Madurai Bench of the Madras High Court seeking a declaration that all applicants through the Madurai Legal Awareness Coordination Committee are manual scavengers. He also sought directions to the respondents to issue identity cards to them, declaring them as manual scavengers for rehabilitation purposes, and to establish a survey/vigilant committee as per the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The petitioner alleged that despite the abolition of manual scavenging, many persons were still being engaged as manual scavengers in the districts of Madurai and Virudhunagar. The respondents, including the Principal Secretary to Government, Municipal Administration & Water Supply Department, the Regional Director of Municipal Administration, the District Collectors of Madurai and Virudhunagar, and the Corporation Commissioner of Madurai, filed counter affidavits. The District Collector of Madurai stated that after the Act came into force, its provisions were strictly implemented, and no manual scavenging was undertaken in Madurai city. The Madurai Collectorate utilized modern machinery and equipment for scavenging works. A District level Survey Committee headed by the District Collector was also formed. Similarly, the District Collector of Virudhunagar stated that manual scavenging had been completely abolished in the district, following the Supreme Court's dictum in Safai Karamchari Andolan and Others vs. Union of India and orders in W.P(MD).No.24289 of 2016. The learned Government Pleader submitted that all erstwhile manual scavengers had been rehabilitated and were still serving under the respective departments. The court, after considering the submissions and counter affidavits, found that the respondents had taken adequate steps to abolish manual scavenging and rehabilitate the workers. The court held that no further orders were necessary and dismissed the petition.
Headnote
A) Public Interest Litigation - Manual Scavenging - Rehabilitation - Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 - The petitioner sought declaration of certain persons as manual scavengers and direction to issue identity cards and form survey committees. The court dismissed the petition as the respondents' counter affidavits demonstrated that manual scavenging had been abolished and rehabilitative measures were in place. Held that no further orders are necessary (Paras 1-5).
Issue of Consideration
Whether the petitioner is entitled to a declaration that certain persons are manual scavengers and for directions to issue identity cards and form survey committees under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
Final Decision
The court dismissed the petition, finding that the respondents have taken adequate steps to abolish manual scavenging and rehabilitate workers, and no further orders are necessary.
Law Points
- Public Interest Litigation
- Manual Scavenging
- Rehabilitation
- Prohibition of Employment as Manual Scavengers and their Rehabilitation Act
- 2013
- Survey Committee
- Identity Cards
