NEW DELHI, Feb 27: The Supreme Court has expressed displeasure on the responses of the Delhi, Kolkata and Hyderabad authorities on how they stopped manual scavenging in their respective cities.
A bench of Justices Sudhanshu Dhulia and Aravind Kumar directed the municipal commissioner of the Kolkata Municipal Corporation (KMC), director (S&DM) of the Delhi Jal Board (DJB) and managing director of the Hyderabad Metropolitan Water and Sewerage Board, Telangana, to remain present on the next hearing.
The apex court noted KMC, DJB and the Hyderabad Metropolitan Water and Sewerage Board did not explain how some deaths occurred in their cities due to manual scavenging and manual sewer cleaning.
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It also directed the commissioner of the Bruhat Bengaluru Mahanagra Palike to also remain present saying neither an affidavit nor any representation was made in the court.
“Meanwhile, of the five affidavits, which are given before this court, two of the affidavits filed on behalf of Kolkata Municipal Corporation and Delhi Jal Board are not at all satisfactory,” the bench said on February 19.
While hearing a plea against the practice of manual scavenging, the apex court said there was no clarity whether manual scavenging and manual sewer cleaning were stopped in these cities.
Regarding KMC’s affidavit, it recorded the claim that the practices had stopped there.
“… yet there is no explanation from them which has come forward to explain to this court as to why even after manual scavenging and manual sewer cleaning was stopped as per their claim, three deaths have occurred on February 2, 2025 due to manual scavenging as we have been informed at the Bar,” the bench said.
The bench said the DJB affidavit was a “very evasive reply” to the question whether manual scavenging and manual sewer cleaning were continuing in Delhi or not.
“What it says, is that manual scavenging and manual sewer cleaning in DJB is totally prohibited. This is not the reply that we had sought from them,” it said.
The court also found no explanation on how seven such deaths took place in the capital in the last one year.
It noted there was no explanation from the Hyderabad Metropolitan Water and Sewerage Board as to how and when the practices were stopped and why three related deaths took place due in Hyderabad in the last one year.
The bench said the affidavits filed by the authorities of Mumbai and Chennai were satisfactory.
It, however, said the two authorities should file detailed affidavits like others elaborating on the machines and equipment were used and the date when the practices were stopped.
“We further need an explanation from all the authorities concerned as to why criminal prosecution may not be initiated against the officer concerned and/or the contractor who have employed manual scavengers and, on whose watch, and orders these deaths have occurred, due to manual scavenging and manual sewer cleaning,” it added.
The KMC counsel said the death in Kolkata took place outside jurisdiction as it was under the jurisdiction of Kolkata Metropolitan Development Authority (KMDA).
The bench said the KMDA’s counsel argued that they were not assigned the work of manual scavenging and manual sewer cleaning in order to remove sewerage.
“We also direct the chief secretary, West Bengal to clarify this position and file an affidavit as to under whose watch and jurisdiction manual scavenging and manual sewer cleaning is done in Kolkata and in the peripheral areas of Kolkata including the area under the jurisdiction of KMDA,” it said.
The bench posted the matter on March 20.
The apex court on January 29 banned the practices in Delhi, Mumbai, Kolkata, Chennai, Bengaluru and Hyderabad. (PTI)
