New Delhi, Feb 20 While addressing the plight of sewer and septic tank cleaners, the Delhi High Court on Tuesday issued notice on a PIL challenging their exclusion from the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
The PIL challenges the legality of excluding cleaners performing hazardous cleaning from the purview of the Act and seeks their rehabilitation and protection under the law.
A Division Bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora directed the Centre, through the Ministry of Social Justice and Empowerment and the Delhi Government to respond to the PIL within eight weeks.
The PIL was filed by a septic tank cleaner and a daily wage labourer, whose brother tragically lost his life in 2017 while performing sewer cleaning in Lajpat Nagar, Delhi.
It calls for the striking out of certain Sections of the 2013 Act and its associated rules, citing violation of fundamental rights guaranteed under the Constitution of India.
The plea argues that the exclusion of sewer and septic tank cleaners from the Act is arbitrary and discriminatory, depriving them of identification and rehabilitation benefits.
It also highlights the perpetuation of untouchability and the failure to eradicate the dehumanising practice of manual scavenging.
Furthermore, the petition challenges the classification of manual scavengers based on the provision of protective gear, which it deems as creating artificial distinctions and denying rightful benefits to those equally engaged in hazardous cleaning tasks.
Moreover, the petition contests the limitations of the Act in recognising individuals employed as daily wage labourers or temporary workers, stressing the need for a more comprehensive and inclusive approach to addressing the issue of manual scavenging.
The matter is scheduled for further hearing on July 4.
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