Supreme Court Expresses Displeasure Over Affidavits In Manual Scavenging Case

The Supreme Court has expressed its displeasure over the responses of the Delhi, Kolkata and Hyderabad authorities on how they prevented manual scavenging in their respective cities.

While hearing a plea against the practice of manual scavenging, the Court said that there was no clarity whether manual scavenging and manual sewer cleaning were stopped in the cities.

The two-Judge Bench comprising Justice Sudhanshu Dhulia and Justice Aravind Kumar observed, "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 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 date of hearing.

The Court noted that 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. It also directed the Commissioner of the Bruhat Bengaluru Mahanagra Palike to remain present saying neither an affidavit nor any representation was made in the court.

Earlier on January 29 this year, the Court had banned such manual scavenging practices in Delhi, Mumbai, Kolkata, Chennai, Bengaluru, and Hyderabad.

The Court further said, "... 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 Apex Court was of the view that 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 also said.

The Bench said that there is 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. However, it observed that the Affidavits filed by the authorities of Mumbai and Chennai were satisfactory. It 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", added the Court.

The Court also directed the the Chief Secretary, West Bengal to 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.

Accordingly, the Apex Court listed the case on March 20, 2025.

With PTI Inputs