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Supreme Court of India 2023-10-20 allowed

DR. BALRAM SINGH vs UNION OF INDIA & ORS

Bench: 2 — S. Ravindra Bhat, Aravind Kumar

In Brief

A government employee challenged the failure to implement legislation prohibiting manual scavenging and requiring rehabilitation of affected workers. Manual scavenging—the practice of manually cleaning sewers and human excreta without protective gear—persists despite laws enacted in 1993 and 2013. The Court held that manual scavenging and hazardous sewer cleaning violate constitutional guarantees against untouchability and forced labour. Mandatory institutions for implementing the laws remain non-functional or unconstituted. Previous surveys were invalid as they did not follow statutory procedures. The Court ordered: a fresh national survey within one year; complete mechanization of sewer cleaning; compensation of ₹30 lakhs for sewer deaths (retroactively from 1993) and ₹10-20 lakhs for disabilities; comprehensive rehabilitation; and constitution of all mandated commissions and committees. Workers' consent to hazardous work without protective gear is irrelevant. Implementation must be coordinated across all governmental levels.

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Constitutional Law Fundamental Rights Forced Labour Untouchability Manual Scavenging Rehabilitation Occupational Health and Safety Administrative Law Social Justice Environmental Protection

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