Nliu Pil - TC 26

3rd NLIU-LAC PIL Drafting Competition T.
26
T.C. – Team 26
3RD NLIU-LAC PIL DRAFTING COMPETITION- 2022
IN THE SUPREME COURT OF INDIA

ORIGINAL JURISDICITON
CIVIL WRIT PETITION NO. X OF 2022
IN THE MATTER OF
Aagaaz Foundation………………………………………………………………….Petitioner
Versus
The Union of India……………………………………………………………….Respondents
PUBLIC INTREST LITIGATIUNDER ARTICLE 32 OF THE CONSTITUTION OF

INDIA.
UPON SUBMISSION TO THE HON’BLE JUSTICE, SUPREME COURT OF INDIA.
- MEMORENDUM ON BEHALF OF THE PETITIONER -
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3rd NLIU-LAC PIL Drafting Competition T. 26
TABLE OF CONTENTS
LIST OF AUTHORITIES AND REFRENCES........................................................................3
LIST OF ABBREVIATIONS....................................................................................................6
STATEMENT OF JURISDICTION..........................................................................................7
STATEMENT OF FACTS........................................................................................................8
ISSUES RAISED.....................................................................................................................11
SUMMARY OF ARGUMENTS ADVANCED......................................................................12
ARGUMENTS ADVANCED.................................................................................................14
ISSUE 01 WHETHER THE WRIT PETITION FILED BEFORE THE SUPREME

COURT OF INDIA IS MAINTAINABLE?........................................................................14
ISSSUE 02 - WHETHER THE WRIT OF MANDAMUS CAN BE ISSUED TO THE

EXECUTIVE FOR NEGLIGENCE OF LAW (1993 ACT, 2013 ACT) AND NON-
COMPLIANCE OF SC DIRECTIONS (SKA CASE) BY AUTHORITIES AND
OFFICIALS..........................................................................................................................16
ISSUE 03 - WHETHER THE DEATHS OF MANUAL SCAVENGERS, CAUSED

DIRECTLY OR INDIRECTLY, AS A RESULT OF NON-COMPLIANCE AND GROSS
NEGLIGENCE OF LAW (1993 ACT, 2013 ACT,), AND THE SUPREME COURT
DIRECTIONS IN 2016 JUDGEMENT; BY THE AUTHORITIES I.E. LOCAL
AUTHORITIES, AGENCIES, CONTRACTORS AND OTHER OFFICIAL PERSONS
INVITE CRIMINAL PROCEEDINGS U/S 304 IPC R/W 107/119 OF IPC, 1860............25
PRAYER..................................................................................................................................33
TABLE OF ANNEXURES......................................................................................................35
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LIST OF AUTHORITIES AND REFRENCES
1. ACTS AND STATUTES

a. The Constitution of India, 1950
b. Indian Penal Code, 1860
c. The Employment of Manual Scavengers and Construction of Dry Latrines
(Prohibition) Act, 1993
d. The Prohibition of Employment as Manual Scavengers and Their
Rehabilitation Act, 2013
e. The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities)
Act, as amendment in 2016, 1989
2. BOOKS COMMENTARIES
a. CASTE: The Origins of Discontents Isabel Wilkerson
b. Annihilation of Caste Dr. B.R. Ambedkar
c. Untouchable Mulk Raj Anand
d. Caste Matters Suraj Yengde
3. ARTICLES AND JOURNALS

a. The Tribune: PIL against manual scavenging: Can’t compel states to respond,
says SC
b. The Hindu: Guidelines on manual scavenging violated more than being
followed: Allahabad HC
c. The Indian Express: Direct govt to enforce manual scavenging Act: PIL in
High Court
d. The Times of India: Allahabad HC seeks govt response on PIL on manual
scavenging Act | Allahabad News - Times of India
e. Deccan Chronicle: Telangana HC takes suo motu PIL over deaths of
scavengers
f. Business Standard: HC seeks Maha govt response on PIL on manual
scavenging
g. The Wire: Manual Scavenging: Delhi HC orders Rs 10 Lakh Compensation
for Families of Two Who died
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h. The New Indian Express: Madras High Court slams govt for not ending
manual scavenging
i. NDTV.com: Ensure No Manual Scavenging Permitted: Madras HC to Civic
Bodies
j. CJP: The Manual Scavengers Act: Jurisprudence so far | CJP
k. Manual Scavenging in India: Literature review by Dr. Babasaheb Ambedkar
Research and Training Institute, BARTI, Pune
l. The Leaflet: Data on manual scavenging, despite the ban, remains sketchy -
The Leaflet
4. RESEARCH PAPERS AND JOURNALS

a. The Legal Defect in the Conditional Prohibition of Manual Scavenging in
India: Asang Wankhede SAGE Journals
b. Women Face Double Discrimination as Caste and Gender Identities Converge,
Shubham Kumar, Priyanka Preet, Economic and Political Weekely
5. REPORTS AND OTHER AUTHORTIES

a. Report on status of Manual Scavengers in India : Water Aid Foundation
September 2022
b. Cleaning human waste : Manual Scavenging, Caste and discrimination in
India HRW August 2014
c. Manual Scavenging: the act so far, research by CJP.February 2022
6. CASE LAWS
a. Zee Telefilms v. Union of India,AIR 2005 SC2677 (India):
b. Motor General traders v. State of AP Air 1984 Sc 121(1984) (India)
c. RK Garg v. Union of India (1982 ) SCC 675C (India)
d. Ajay Hassia v. Khalid Mujib Sehravardi AIR 487 (1981) (India)
e. Vishakha v. State of Rajasthan,(1997) SCC 241 (India)
f. Hari Ram v. State of Haryana,(2010) 3 SCC 621 (India )
g. Indira Sawhney v. Union of India, AIR 1993 SC 477 (1993) (India)
h. Charanjit Lal chaudhary v. Union of India AIR 1951 SC 41( 1951) (India)
i. Indian Young Lawyers Association v. State of Kerela, (2019) 11 SCC (1)
(India)
j. . Adithayan v. Travancore Devaswom Board, AIR 1996 Ker 169 (India )
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k. Sri Venkataramana Devaru v. State of Mysore, AIR 1958 SC 255 (1958)

(India)
l. Indian Express Newspaper V. Union of India, AIR 1986 SC 515(1986) (India)
m. Dinesh Trivdei v. U.O.I ,(1977) (4) SCC 306 (India)
n. P A Inamdar v. State of Maharashtra, AIR 2005 SC 3226(India)
o. Joseph Shine v. UOI 2018 SCC SC 1676(India)
p. Maneka Gandhi v. Union of India, AIR 1978 SC 597 (1978) (India)
q. PUDR v. UOI, AIR 1982 SC 1473 (1982), (India)
r. NHRC v. State of Arunachal Pradesh, (1996) SCC (1) 742 (India)
s. Bandhua Mukti Morcha v. Union of India,(1997) 10 SCC 549(India )
t. Danial Latifi v. U.O.I,(2001) SC SCC 740(India )
u. Navtej Johar v. Union of India,(2018) 10 SCC (1) (India)
v. Safai Karamchari Andolan v. Union of India,(2012) SCC OnLine SC 865
(India )
w. Delhi Jal Board v. The National Campaign for Dignity & Rights of Sewerage
& Allied Workers, (2011) SCC OnLine SC 925(India )
x. Common Cause v. Union of India ,(2018) Writ Petition (CIVIL) NO. 215 OF
2005
y. Bhupendra v. State of M.P, (2014) 1 SCC (Cri) 1 (India)
z. Safai Karmachari Andolan v. Union Of India, [WP/17380/2017 (PIL),
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LIST OF ABBREVIATIONS
S. No. ABBREVIATIONS FULL FORM

1. ¶ Paragraph
2. AIR All India Reporter
3. Ed. Edition
4. Gov. Government
5. HC High Court
6. Hon’ble Honourable
7. MANU Manu Patra
8. Ors. Others
9. PIL Public Interest Litigation
10. SC Supreme Court
11. Sc Scheduled Caste
12. ST Scheduled Tribes
13. SCC Supreme Court Cases
14. SKA Safai Karamchari Aandolan
15. u/d Under section
16. UDHR Universal Declaration of Human Rights
17. UN United Nations
18. UT Union Territories
19. v. Versus
20. w.p. Writ petition
21. r/w Read with
22. 1993 Act The Employment of Manual Scavengers and Construction
of Dry Latrines (Prohibition) Act
23. 2013 Act The Prohibition of Employment as Manual Scavengers and
Their Rehabilitation Act
24. COI Constitution of India
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STATEMENT OF JURISDICTION
This petition is filed before the Supreme Court of India under ARTICLE 32 of THE
CONSTITUTION OF INDIA for issuance of a writ in the nature of MANDAMUS under
ARTICLE 136 of the CONSTITUTION OF INDIA.
The petitioner most humbly and respectfully submits to the jurisdiction of the Hon’ble
Supreme Court of India.
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STATEMENT OF FACTS
NEWS OCTOBER 2022

1. On October 08, 2022 The Times of India 1 reported that 17 sewage workers died in
Haryana in 2022. On October 21, 2022 scroll.in reported that 03 sanitation workers
died while cleaning sewage tank in Pune2, on the same day 03 people died cleaning a
septic tank in Tamil Nadu3 . On October 31, 2022 scroll.in reports FIR filed after two
men suffocate to death while cleaning a septic tank in Gurugram.4
DATA ON MANUAL SCAVENGING

2. The data of Ministry of Social Justice and Empowerment published a survey on 07
December 2021, this survey attributes that the total number of manual scavengers in
the country are 58,0985. The government claims that the number of manual
scavengers dropped to the above mentioned number from 770,338 in 2008, which it
claims to have been the result of the Manual Scavengers Rehabilitation Act,
2013(hereinafter referred to as ‘2013 Act’) and the Swach Bharat Abhiyaan. The
aforementioned trends, as well as the severe fall in the official count in recent years,
may be viewed as indication of gross underassessment rather than being
representative of their real numbers in India. Some of the loopholes of the survey
conducted are a) The survey is restricted to urban areas b) The survey is done in only
17 states c) The definition of manual scavenging is very limited as per the 2013 Act.
SAFAI KARAMCHARI V. UOI 6

3. The judgement post the writ filed by the SKA was a landmark as it elucidated the
anti-caste jurisprudence in India , it gave directions and the judgments a sustained
outlook highlighting the possibility that manual scavenging might occur again. Hence
1
Sagrika Kissu, 17 Sanitation workers die in sewer this year, TOI, Oct. 08, 2022
2
Scroll Staff, 03 sanitation workers died while cleaning sewage tank in Pune, Oct. 21, 2022
3
Nakshab Khan, No end to manual scavenging, MirrorNow, Oct 21, 2022
4
Scroll Staff, FIR filed after 02 men suffocate to death while cleaning septic tank in Gurugram, Oct. 31, 2022
5
Annexure 05
6
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it precluded the aspect of rehabilitation and protection by providing procedure and

directions for 10 lakh rupees compensation and protective gear for the manual
scavengers the violation of which would invite criminal proceedings.7
4. As per the Safai Karamchari Aandolan’s data, in contemporary India 1,86,31,204

litres of human excreta is being cleaned by 1,61,485 people) 8 manually on a daily
basis.
LEGAL STANDPOINT ON MANUAL SCAVENGING

5. Manual Scavenging was banned through The Prohibition Of Employment As Manual
Scavengers And Their Rehabilitation Act, 2013, the objective of the Act is to
provide for the prohibition of employment as manual scavengers, rehabilitation of
manual scavengers and their families, and for matters connected therewith or
incidental thereto. Thereafter the Supreme Court in a Writ Petition filed by the Safai
Karamchari Andolan directed all the State Governments and the Union Territories to
fully implement the provisions of the 2013 Act and take appropriate action for non-
implementation as well as violation of the provisions contained in the Act 2013.
CONTEMPORARY STATE OF MANUAL SCAVENGING

6. “The greatest irony is that no government officer, not a single one, has been tried for
violating the law. In some cases, FIRs have been filed but they haven’t reached the
prosecution stage; charge sheets have been filed but they haven’t gone to trial”. said
Bezwada Wilson, the person who leads the Safai Karamchari Andolan. The
documentational evidence of the Water Aid Foundation, 9 Citizens for Justice and
Peace,Human Rights Watch10 depicts that the Executive has outrightly failed in
implementation of the laws framed for liberation, rehabilitation and upliftment of
manual scavenging.
7
Asang Wankhede, The Legal Defect of Conditional Prohibition of Manual Scavenging in India, SAGE
Journals
8
Annexure 06
9
Annexure 03
10
Annexure 04
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7. More than 90% of manual scavengers are women, they are forced to clean dry
latrines, carry loads of excrement in leaking cane baskets, clear sewage, discard
placenta post-deliveries, work on railway tracks, exhume dead bodies while enduring
sexual harassment, social exclusion, dismal wages, and a lifetime’s worth of trauma.
They face intersectional discrimination of caste and gender ; their children forgo
education, and if fortunate enough to go to school, they end up sitting in a corner in
the classrooms with minimal interaction with teachers and fellow students. 11
8. The Aagaz Foundation is an initiative of the law students of Dr. B.R. Ambedkar
National Law University, Sonepat. The motto of the foundation relies on the
preachings of Dr. B.R. Ambedkar. As Dr. Ambedkar propounded the idea of social
change through law, the Foundation with young law students seeks to walk in this
path for bringing the change in the society to achieve Equality, Liberty, Justice for all.
9. The petitioner in public spirit approaches the Hon’ble court to direct the concerned
officials to : ascertain the actual number of manual scavengers in the country,
ascertain the gender breakup of the manual scavengers, ascertain the number of deaths
of people because of manual scavenging since the year 2013, register FIR u/s 304 IPC
against government officials, private contractors for employment of manual
scavengers after the 2016 Judgement
10. Issue directions for compensation to next kin of the deceased, issue directions to the
legislature to frame policy for a focused liberation and rehabilitation of women
manual scavengers, issue directions for the complete mechanisation of the inhumane
practise with a deadline that the court may deem fit.
The petition is submitted under Public Interest Litigation .
, Shubham Kumar, Priyanka Preet, Women Face Double Discrimination as Caste and
11
Gender Identities Converge, Economic and Political Weekly 06 July 2020
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ISSUES RAISED
1. WHETHER THE WRIT PETITION FILED BEFORE THE SUPREME

COURT OF INDIA IS MAINTAINABLE?
2. WHETHER THE WRIT OF MANDAMUS CAN BE ISSUED TO THE

EXECUTIVE FOR NEGLIGENCE OF LAW (1993 ACT, 2013 ACT) AND
NON- COMPLIANCE OF SC DIRECTIONS (SKA CASE) BY AUTHORITIES
AND OFFICIALS.
3. WHETHER THE DEATHS OF MANUAL SCAVENGERS, CAUSED

DIRECTLY OR INDIRECTLY, AS A RESULT OF NON-COMPLIANCE AND
GROSS NEGLIGENCE OF LAW (1993 ACT, 2013 ACT,), AND THE
SUPREME COURT DIRECTIONS IN 2016 JUDGEMENT; BY THE
AUTHORITIES i.e.. LOCAL AUTHORITIES, AGENCIES, CONTRACTORS
AND OTHER OFFICIAL PERSONS INVITE CRIMINAL PROCEEDINGS
U/S 304 IPC R/W 107/119 OF IPC, 1860.
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SUMMARY OF ARGUMENTS ADVANCED
1. WHETHER THE WRIT PETITION FILED BEFORE THE SUPREME

It is humbly submitted that the writ petition filed before the Supreme Court of India is
maintainable under Article 136 of the Indian Constitution as it involves issue of larger
public concern as well as public spirited rights of individuals .
That Article 32 confers wide power to the hon’ble Supreme Court to issue writs,
directions, orders for the enforcement of fundamental rights.
That the present matter the respondents the state itself as under Article 12 of COI
which is a privy to the case the writ under article 32 is completely maintainable.
2. WHETHER THE WRIT OF MANDAMUS CAN BE ISSUED TO THE

EXECUTIVE FOR NEGLIGENCE OF LAW (1993 ACT, 2013 ACT) AND
NON- COMPLIANCE OF SC DIRECTIONS (SKA CASE) BY AUTHORITIES
AND OFFICIALS.
It is humbly submitted that the writ of Mandamus can be issued to the Executive to
implement the law (1993 Act, 2013 Act) and comply to SC directions as the current
practise of manual scavenging is violative to Article 14,17,19,21,23,46,47; and this
has led to intersectional discrimination with women and robust implementation of law
is the way for their liberation, rehabilitation, upliftment and reclamation of personality
3. WHETHER THE DEATHS OF MANUAL SCAVENGERS, CAUSED

GROSS NEGLIGENCE OF LAW (1993 ACT, 2013 ACT,), AND THE
SUPREME COURT DIRECTIONS IN 2016 JUDGEMENT; BY THE
AUTHORITIES I.E. LOCAL AUTHORITIES, AGENCIES, CONTRACTORS
AND OTHER OFFICIAL PERSONS INVITE CRIMINAL PROCEEDINGS
U/S 304 IPC R/W 107/119 OF IPC, 1860.
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It is humbly submitted that a writ of mandamus to initiate criminal proceedings u/s

302 r/w 107/119 can be initiated as despite having all acknowledgements, the official
did not make any step to prohibit or restrict such issues of manual scavenging even
after repeated Judicial as well as Legislative interference. The sheer negligence and
non-compliance resulted in loss of lives and it certainly leads to attracting of charges
like S. 107 r/w 119 and S. 304 of the IPC thus with their intent and acknowledgement
makes them liable for such offences under the IPC.
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ARGUMENTS ADVANCED
ISSUE 01 WHETHER THE WRIT PETITION FILED BEFORE THE SUPREME

It is humbly submitted that -
1.1 JURISDICTION OF SC UNDER ARTICLE 136 CAN ALWAYS BE INVOKED

WHEN A QUESTION OF LAW OF GENERAL PUBLIC IMPORTANCE ARISES.
1. The SC is granted corrective rather than restricting jurisdiction under Art. 136. The
SC has a responsibility to use its authority to correct any illegality that has occurred
because it is well-established that such behaviour should not be tolerated; failing to do
so would be equivalent to permitting the violation to continue such mishappenings.
2. Numerous instances have established that when a legal issue of general public
concern emerges, the SC's jurisdiction may be invoked by submitting a special leave
petition. The current situation is a topic of general public importance, concerened with
everyday life and livelihood of manual scavengers making it eligible for continued
consideration.
1.1.1 THE MATTER INVOLVES QUESTION OF LAW OF GENERAL

PUBLIC IMPORTANCE AND HENCE, ENTITLED TO BE MAINTAINABLE
3. This Hon'ble Court has ruled that its jurisdiction may always be invoked when a legal
issue of general public concern or a decision shocks the court's conscience. When the
court determines that there has been injustice, it has the residuary authority under
Article 136 to carry out justice. The guiding premise is that this court would never
commit injustice or permit wrong to be committed in the name of maintaining
formalities. In any scenario, a second appellant decision would only give
extraordinary leave if it raised a legal matter of general public concern.
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4. The Aagaz Foundation is a law student run NGO that works for Human Rights
specifically dealing with caste issues and protection of women rights. The foundation
believes in the ideals of Dr. Ambedkar and strives for social change.
1.1.2 THE ISSUE INVOLVE SERIOUS IMPLICATION ON STATE AND IS A DIRECT

ATTACK AGAINST THE RIGHTS ENSHRINED IN PART III OF THE INDIAN
CONSTITUTION

5. It is humbly submitted before the Hon’ble Court that article 136 can be invoked in
situations involving serious questions of law and public concern and such concerns
always involve ‘State’ which is a privy to such cases in the present matter as well the
case is filled against the Union Govt. which acts as a respondent in the present matter
and they are duty bound to respond to the same.
6. Article 12 of the Indian Constitution defines the concept of ‘State’ as held by the
Hon’ble SC in the case of Zee Telefilms v. Union of India 12,(2005) wherein it held that
the test for determining whether the entity is financially, functionally and
administratively works under Government control is that the control must be
pervasive and not merely regulatory and as all Government Public Officials,
Municipality Employees and Private Contractors hired by the Govt. all fall under the
ambit of State as enumerated under Article 12 of the constitution.
7. Similarly when such rights which as enshrined in Part III of the Constitution are
violated just like the rights of the Manual Scavengers article 32 comes into the
foreplay acting as a protector by means of providing Right to Constitutional
Remedies.
12
Zee Telefilms v. Union of India,AIR 2005 SC2677 (India):
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ISSSUE 02 - WHETHER THE WRIT OF MANDAMUS CAN BE ISSUED TO THE

EXECUTIVE FOR NEGLIGENCE OF LAW (1993 ACT, 2013 ACT) AND NON-
COMPLIANCE OF SC DIRECTIONS (SKA CASE) BY AUTHORITIES AND
OFFICIALS.

It is humbly submitted-
2.1 THE PRACTICE OF MANUAL SCAVENGING IS AN ABHORRENT ACT AND IS

CLEARLY VIOLATIVE OF ARTICLE 14, 17, 21, 23, 46 AND 47 OF THE INDIAN
CONSTITUTION
2.1.1 ARTICLE 14
1. It is humbly submitted that in light of the below mentioned laws, cases, and
arguments, emphasis can be made on the following aspects:
2. In relation to article 14, in the case of Motor General traders v. State of AP13, 1984,
the court held that equals have to be treated equally and unequals out not to be treated
equally. While the article forbids class legislation. It does not forbid classification for
the purpose of implementing the right of equality guaranteed by it.
3. Similarly in the case of RK Garg v. Union of India14, 1981, the court held that the
classification must not be arbitrary but must be rational. In order to pass the test, twin
conditions must be satisfied, which are
a. Classification must be founded on an intelligible differentia.
b. That differentia must have a rational relation to the object sought to be achieved.
4. In case of Ajay Hassia v. Khalid Mujib Sehravardi15, 1981, the court held that what
Article-14 strikes at is arbitrariness because an action that is arbitrary must
necessarily involve negation of equality.
13
Motor General traders v. State of AP Air 1984 Sc 121(1984) (India)
14
RK Garg v. Union of India (1982 ) SCC 675C (India)
15
Ajay Hassia v. Khalid Mujib Sehravardi AIR 487 (1981) (India)
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5. In the case of Vishakha v. State of Rajasthan 16

1997, the court held that working
women have a right to work with dignity and save from sexual harassment.
6. Hari Ram v. State of Haryana17, 2010, the court held that equality of citizens rights is
one of the fundamental pillars on which the edifice of the rule of law exists. As held
in the landmark judgement of Indira Sawhney v. Union of India18, 2000, the court
held that right to equality is one of the basic features of the Indian Constitution.In the
case of Charanjit Lal chaudhary v. Union of India19, 1951, the court held that the
legislation can be constitutional even though it applies to a single individual and such
individuals may be treated as a class in itself. Recently in case of Indian Young
Lawyers Association v. State of Kerela 202018, the court held that the devotion cannot
be a ground for gender discrimination.
2.1.2 ARTICLE 17
7. The Supreme court in the famous case of N. Adithayan v. Travancore Devaswom

Board21, 2002 signified the vision of the constitution makers with special relation to
Article-17 which believed in the concept of Liberating Society from blind adherence
to traditional superstitious beliefs and bringing the change in form of reason and
rational nexus.
8. In the popular case of Sri Venkataramana Devaru v. State of Mysore 22, 1958 the court
held that, there should not be no discrimination amongst person regardless of their
caste while gaining entry into a temple.
9. In case of People’s Union for Democratic Rights v, Union of India 23, 1982 the court
held that rights granted under Article-17 are enforceable against the state as well as
any private party under the shadow of Article-32.
10. Our society has assigned a particular section of society of our own to clean the refuse
16
Vishakha v. State of Rajasthan,(1997) SCC 241 (India)
17
Hari Ram v. State of Haryana,(2010) 3 SCC 621 (India )
18
Indira Sawhney v. Union of India, AIR 1993 SC 477 (1993) (India)
19
Charanjit Lal chaudhary v. Union of India AIR 1951 SC 41( 1951) (India)
20
Indian Young Lawyers Association v. State of Kerela, (2019) 11 SCC (1) (India)
21
N. Adithayan v. Travancore Devaswom Board, AIR 1996 Ker 169 (India )
22
Sri Venkataramana Devaru v. State of Mysore, AIR 1958 SC 255 (1958) (India)
23
PUDR v. UOI, AIR 1982 SC 1473 (1982), (India)
Page | 17
of others. This division is not the division of labour but the division of a labourer. 24.
This society has made certain section on basis of societal hierarchy clean the refuse
of others, in order to keep the city and state clean, with bare hands in the earliest
hours of day, at midnight, on rainy days. This is the worst form of untouchability.
11. The plight of a manual scavenger is quoted by Omprakash Valmiki in his book
Joothan- “The savarnas constructed all sorts of mythologies: of chivalry, of ideals.
What was the outcome? A defeated social order in the clutches of hopelessness,
poverty, illiteracy, narrow-mindedness, religious inertia, and priestocracy, a social
order embroiled in ritualism, which, fragmented, was repeatedly defeated by the
Greeks, Shakas, Huns, Afghans, Moghuls, French, and English. Yet in the name of
their valor and their greatness, savarnas kept hitting the weak and the helpless.”25
12. They are isolated intentionally, unintentionally by the society, because of their
profession hence promoting untouchability and violating article 17.
2.1.3 ARTICLE 19
13. The hon’ble SC in the case of Indian Express Newspaper V. Union of India 26, 1985
the court made broader significance of Article-19 under four heads.
a. It helps an individual to attain self fulfilment.
b. It assists in the discovery of truth.
c. It strengthens an individual's capacity in decision making process.
d. It provides mechanism which help in maintaining a balance between stability and
social change,
14. The court in case of Dinesh Trivdei v. U.O.I 271987 held that the basic right to know
of a citizen about a government's policies and actions is derived from Article-19 1
(a), which is subjected to overriding interest of public security and secrecy. In case
of P A Inamdar v. State of Maharashtra,28 2005, the court held that the right to impart
education is a Fundamental Right under Article 19 1 (g).
24
, Dr. B.R. Ambedkar, Annihilation of caste P.G. NO. 47 (IV) Para I, kindle version, 2022
25
Omprakash valmiki, Joothan P.G. No. 154 para 1 , kindle version, 2022
26
Indian Express Newspaper V. Union of India, AIR 1986 SC 515(1986) (India)
27
Dinesh Trivdei v. U.O.I ,(1977) (4) SCC 306 (India)
28
P A Inamdar v. State of Maharashtra, AIR 2005 SC 3226(India)
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2.1.4 ARTICLE 21
15. It was articulate by Justice Nariman that Dignity of individual facet of Article 21 in
the case Joseph Shine v. UOI 29The dignity of the individual, which is spoken of in
the Preamble to the Constitution of India, is a facet of Article 21 of the Constitution
16. In the historic judgement of Maneka Gandhi v. Union of India, 30 1978, the court held
that the term personal liberty under Article-21 has a wide ambit and it covers a
variety of rights and such rights have been given the status of distinct fundamental
rights with relation to Article 14 & 19. Any person cleaning refuse of other even with
a protective equipment cannot reclaim dignity.
2.1.5 ARTICLE 23
17. In the case of PUDR v. UOI31, 1982, the court held that the non-payment of minimum
wage whether by any private party or by the state amounts to forced labor and is
prohibited under article-23.
18. In the prominent case of Bandhua Mukti Morcha v. Union of India32, 1991, the court
held that Article-21, 39 (e), 39 (f), 41 & 42 are meant to ensure life with human
dignity,Right to life in the case of Danial Latifi v. U.O.I, 33the court held that right to
life with dignity is included in right to life and personal liberty.
2.1.6 ARTICLE 46
Article 46 reads,
19. “Promotion of educational and economic interests of Scheduled Castes,

Scheduled Tribes and other weaker sections .— The State shall promote with
special care the educational and economic interests of the weaker sections of the
people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and
29
Joseph Shine v. UOI 2018 SCC SC 1676(India)
30
Maneka Gandhi v. Union of India, AIR 1978 SC 597 (1978) (India)
31
PUDR v. UOI, AIR 1982 SC 1473 (1982), (India)
32
Bandhua Mukti Morcha v. Union of India,(1997) 10 SCC 549(India )
33
Danial Latifi v. U.O.I,(2001) SC SCC 740(India )
Page | 19
shall protect them from social injustice and all forms of exploitation.”
2.1.7 ARTICLE 47
20. Article 47 reads, “Duty of the State to raise the level of nutrition and the
standard of living and to improve public health.—The State shall regard the
raising of the level of nutrition and the standard of living of its people and the
improvement of public health as among its primary duties and, in particular, the
State shall endeavour to bring about prohibition of the consumption except for
medicinal purposes of intoxicating drinks and of drugs which are injurious to
health.”
More than 90% women are manual scavenger

21. Intersectionality: The Different Hues of Identity
A woman from a Scheduled Caste community who also happens to be disabled will
have a different assault experience because of the interlocking of these two sets of
power dynamics. A woman may experience violence and discrimination on the basis
of two or more grounds when her identity intersects with factors like her caste, class,
religion, handicap, and sexual orientation, among others. Due to their unorthodox
gender identification, trans women may experience assault. In this case, it is crucial to
analyse how several forms of oppression interact to create a particular experience of
subordination for a lady who is blind and a member of the Scheduled Caste.
22. “Discrimination, like traffic through an intersection, may flow in one direction, and it
may flow in another. If an accident happens in an intersection, it can be caused by
cars travelling from any number of directions and, sometimes, from all of them.
Similarly, if a Black woman is harmed because she is in the intersection, her injury
could result from sex discrimination or race discrimination.”
23. Intersectionality can be defined as a form of “oppression [that] arises out of the
combination of various oppressions which, together, produce something unique and
distinct from any one form of discrimination standing alone...”.. However, where
intersectional discrimination or violence has taken place, such essentialization of
Page | 20
identity group experiences poses an issue. This is due to the possibility that there may
be a lack of or a challenge in proving discrete discrimination or violence based on a
particular reason. Law based on single axis models, forces claimants to ignore their
own lived reality and "caricaturize themselves so that they fit into prefabricated, rigid
categories.", opined Nitya Iyer. If they are unable to simplify their account to fit the
predominate view of how violence or discrimination based on a particular
characteristic occurs, their argument will be rejected.
24. Having "an open-textured legal strategy that would analyse underlying mechanisms
of inequality" is all that the concept of intersectionality demands. This calls for a
social and economic analysis of law, allowing us to frame equality questions in terms
of "power and powerlessness" rather than difference and similarity. Given that these
intersectional claims are not unidirectional in nature, the latter conceptual restriction
of single axis analysis may allow them to escape detection.
25. Such a comprehensive examination of the prejudice that individuals experience in

India is made possible by the fundamental rights guaranteed by the Constitution. In
Navtej Johar v. Union of India, one of us (Justice DY Chandrachud) applied the
intersectional lens to Article 15(1) of the Constitution. Justice DY Chandrachud
made the following observation when he did so: " This formalistic interpretation of
Article 15 would make the constitutional protection against discrimination worthless.
As a result, the State would be able to assert that the discrimination was not covered
by Article 15 since it was "Sex Plus" (discrimination based on sex and another
ground). Stereotypical ideas about the differences between men and women are
implicit in the justification for discrimination and are used to support it.
This constrained interpretation of Article 15 strips the anti-discrimination clause of its
core meaning. This disregards the intersectional nature of sex discrimination, which
cannot be stated to function independently of other identities, particularly when
considered in the context of socio-political and economic circumstances. The true
operation of discrimination, which intersects various identities and characteristics, is
rejected by such a formalistic interpretation of the prohibition in Article 15.
26. The idea of adopting "an open-textured legal approach that would explore underlying
systems of inequality," as stated by intersectionality derives enthusiasm. In order to
Page | 21
formulate equality concerns as ones of "power and powerlessness" rather than of

difference and similarity, it is necessary for us to analyse legislation in its social and
economic context. Given that intersecting claims are not unidirectional in nature, the
later conceptual restriction of single axis analysis may allow for some intersectional
claims to slip through the cracks.
27. While intersectionality has made significant progress in the areas of human rights and
anti-discrimination law, it has also become a powerful resource for comprehending
gender-based violence.
28. Disability and Gender: Twin Tales of Societal Oppression Disability and
Gender: Twin Tales of Societal Oppression
The threat of violence is an all-too-frequent reality for many disabled women and
girls in India, restricting their constitutionally allowed freedom of movement and
limiting their capacity to lead full and active lives. As a result of this threat of
violence, women with disabilities may experience a persistent sense of helplessness
and incompetence over their lives, making the fulfilment of the promises made in
Parts III and IV of our Constitution improbable.
29. Such an assumption that a disability translates into incompetence would be at odds
with the progressive conception of challenged life that is reflected in our law and that
is slowly but surely becoming more and more ingrained in our collective
consciousness.
30. The ‘Caste’ that is Difficult to Cast Away: Protection of Members of Scheduled
Castes and Scheduled Tribes
The SC & ST Act was passed in 1989 to stop atrocities against members of the
Scheduled Caste and Scheduled Tribe populations. This was made possible by social
movements in India that sought justice for individuals who had suffered centuries of
caste-based oppression.
While SC & ST women actively participated in the anticaste activities that got
underway in the early 1900s, Shreya Atrey points out that caste—rather than
Page | 22
patriarchy—was the promitent ground on which their oppression was envisioned. On

the other hand, the mainstream feminist movement also ignored the unique forms of
oppression that SC & ST women experience, including that which they endure at the
hands of upper caste women in addition to upper caste males.
31. In her work, Adrija Dey has drawn attention to the fact that factors like class, caste,
region, and religion have a significant impact on how gender violence is seen and
how the criminal justice system administers punishments.
32. In her work Isabel Wilkerson has presented what are the eight pillars that strengthen
caste bolstering the hierarchy in social strata
33. Further substantiating the point of contention,i.e. manual scavenging the case of
Safai Karamchari Andolan v. Union of India 34& Delhi Jal Board v. The National
Campaign for Dignity & Rights of Sewerage & Allied Workers holds some
35
relevance.
In the former case According to the Supreme Court, the PEMSR Act of 2013
explicitly recognises article 17 and 21 of the constitution as the rights of those who
clean sewage systems, holding tanks, and human excrement off railroad tracks.
According to P. Sathasivam CJ, "the Ministry of Social Justice and Empowerment's
official figures for the year 2002–2003, the number of identified manual scavengers
was 76,009. More than 95% of those forced to perform this demeaning task are dalits.
34. The Supreme Court put up the following ideas regarding the rehabilitation of manual
scavengers:
Rehabilitation of manual scavengers will need to include the following if manual
scavenging is to be abolished and also to protect future generations from the cruel
practise:
(a) Sewer deaths: It should be illegal to enter sewer pipes without protective gear,
even in an emergency. The family of the dead should receive compensation in the
amount of Rs. 10 lakhs for each such death.
Safai Karamchari Andolan v. Union of India,(2012) SCC OnLine SC 865 (India )

34
35
Delhi Jal Board v. The National Campaign for Dignity & Rights of Sewerage & Allied Workers, (2011) SCC
OnLine SC 925(India )
Page | 23
(b) Railways should implement a time-bound strategy to put an end to manual track
scavenging.
(c) People who have been released from manual scavenging shouldn't have to
overcome obstacles in order to receive what is legally due to them.
(d) Determine the families of every individual who has perished while working on
sewerage systems (manholes, septic tanks) since 1993 and provide Rs. 10 lakhs as
compensation to the dependent family members for each such death.
ii. The concepts of justice and change must be the foundation of rehabilitation.
35. Whereas in the later case Supreme Court passed a landmark judgement identifying
and highlighting the apathy and plight of the disadvantaged sections of the society,
particularly the scavengers and sewage workers, who risk their lives by going down
the drainage without any safety equipment and security and have been deprived of
fundamental rights to equality, life and liberty for last more than six decades.
36. The Supreme Court referred to a report and stated that The workers are suffering
from high mortality and morbidity due to exposure at workplace. 33 workers had
died in last 2 years due to accidents while working on the blocked sewer lines...59%
of the workers enter underground sewer manholes more than 10 times a month and
half of them have to work more than 8hours a day... 41workers have reported
syncope, and other reported temporary loss of consciousness. A little over 1/3 of the
workers had been immunized against tetanus while none of them had been vaccinated
against hepatitis B. Approximately 46 % of workers across all age group were found
to be under weight according to Body Mass Index (BMI) calculation....All daily
wagers were getting a wage of approximately 2950 rupees per months without any
other benefit irrespective of service period.
37. The government and state machinery were also criticised by the Supreme Court for
being callous to the safety and wellbeing of those who, due to extreme poverty, are
forced to labour in appalling conditions and frequently face the possibility of losing
their lives. In relation to public interest litigation and pro bono litigation, the
Supreme Court further disregarded the elitist worldview of the rich elite. The
Supreme Court ordered the civic bodies to ensure immediate compliance with the
directives and orders issued by the Delhi High Court for ensuring the safety and
Page | 24
security of the sewage workers in addition to paying higher compensation to the

families
ISSUE 03 - WHETHER THE DEATHS OF MANUAL SCAVENGERS, CAUSED

GROSS NEGLIGENCE OF LAW (1993 ACT, 2013 ACT,), AND THE SUPREME
COURT DIRECTIONS IN 2016 JUDGEMENT; BY THE AUTHORITIES I.E.
LOCAL AUTHORITIES, AGENCIES, CONTRACTORS AND OTHER OFFICIAL
PERSONS INVITE CRIMINAL PROCEEDINGS U/S 304 IPC R/W 107/119 OF IPC,
1860
It is humbly Submitted
1. That The Deaths Of Manual Scavengers Caused Directly Or Indirectly, As A

Result Of Non-Compliance And Gross Negligence Of Law (1993 Act, 2013
Act,), And The Supreme Court Directions In 2016 Judgement; By The
Authorities I.E. Local Authorities, Agencies, Contractors And Other Official
Persons Invite Criminal Proceedings U/S 304 Ipc R/W 107/119 Of Ipc,
1860.as under the IPC a plain reading and understanding of these sections
gives us a gist of the issues involved:
2. Section 304 in The Indian Penal Code“Punishment for culpable homicide not
amounting to murder.—Whoever commits culpable homicide not amounting
to murder shall be punished with 1[imprisonment for life], or imprisonment of
either description for a term which may extend to ten years, and shall also be
liable to fine, if the act by which the death is caused is done with the intention
of causing death, or of causing such bodily injury as is likely to cause death, or
with imprisonment of either description for a term which may extend to ten
years, or with fine, or with both, if the act is done with the knowledge that it is
likely to cause death, but without any intention to cause death, or to cause such
bodily injury as is likely to cause death.”
Page | 25
3. Section 107 in The Indian Penal CodeAbetment of a thing.—A person abets

the doing of a thing, who—Firstly, Instigates any person to do that thing; or
Secondly,-Engages with one or more other person or persons in any
conspiracy for the doing of that thing, if an act or illegal omission takes place
in pursuance of that conspiracy, and in order to the doing of that thing; or
Thirdly— Intentionally aids, by any act or illegal omission, the doing of that thing.
Explanation 1.—A person who, by wilful misrepresentation, or by wilful concealment of a
material fact which he is bound to disclose, voluntarily causes or procures, or attempts to
cause or procure, a thing to be done, is said to instigate the doing of that thing.
4. Section 119 in The Indian Penal Code .Public servant concealing design to
commit offence which it is his duty to prevent. —Whoever, being a public
servant, intending to facilitate or knowing it to be likely that he will thereby
facilitate the commission of an offence which it is his duty as such public
servant to prevent; [voluntarily conceals by any act or omission or by the use
71
of encryption or any other information hiding tool, the existence of a design]

to commit such offence, or makes any representation which he knows to be
false respecting such design; If offence be committed. —shall, if the offence
be committed, be punished with imprisonment of any description provided for
the offence, for a term which may extend to one-half of the longest term of
such imprisonment, or with such fine as is provided for that offence, or with
both; If offence be punishable with death, etc. —or, if the offence be
punishable with death or [imprisonment for life], with imprisonment of either
72
description for a term which may extend to ten years; If offence be not
committed. —or if the offence is not committed, shall be punished with
imprisonment of any description provided for the offence for a term which
may extend to one-fourth part of the longest term of such imprisonment or
with such fine as is provided for the offence, or with both. Illustration A, an
officer of police, being legally bound to give information of all designs to
commit robbery which may come to his knowledge, and knowing that B
designs to commit robbery, omits to give such information, with intent to
facilitate the commission of that offence. Here A has by an illegal omission
concealed the existence of B's design, and is liable to punishment according to
the provision of this section.
Page | 26
5. These 3 sections provide us the basic of understanding of how abatement,

Public Servants responsibility of concealing design to commit offence which it
has duty to prevent, and their gross negligence and non compliance leading to
culpable homicide is a point of articulation as these aspects are the real core
issues through which death of manual scavengers is taking place in the
country.
6. The principled aspect associated with such deaths is related to intention to

commit the offence and in the principled case there exists an intention on
behalf of both the public servants, municipality employees and the private
contractors to commit such offences leading to death of such individuals.
7. Moreover, their gross negligence and non compliance can be summarised

from the very fact that despite having all the understanding in relation to both
the Legislative Act and the Judicial Pronouncement, no steps have been taken
so far in relation to this matter whether its relation to providing of safety kits
and other devices to such individuals or is related to making plans and
implementing such policies for rehabilitation and protection of rights of such
individuals.
8. In the famous case of Common Cause v. Union of India36, (2018) the Supreme
Court highlighted and enumerated the aspect of manual scavenging as it stated
that:”To constitute abatement, there must be course of conduct or action of
intentionally aiding or facilitating another person to end life and in the present
matter itself the gross negligence and non-compliance of both legislative act
and judicial precedent serves as a perfect example to showcase how such
public servants, municipality employees and private contractors serve as the
perfect precedent to be held responsible for commission of such offence of
abating thus leading to deaths of several manual scavengers.”
36
Common Cause v. Union of India ,(2018) Writ Petition (CIVIL) NO. 215 OF 2005
Page | 27
9. Similarly in the case of Bhupendra v. State of M.P37., (2014) the Supreme

Court explained the scope and application of S. 304 IPC wherein it held where
there was an intention to commit death of an individual by means of use of
force either directly or indirectly or its inference can be drawn that such death
was likely to occur if the circumstances persisted it can lead to an offence
under S. 304 IPC and in the present matter the municipality officials, public
servants and private contractors are well aware of the health hazards
associated with the issue of manual scavenging and they are well versed that if
such individuals are left in such circumstances which existed it will certainly
lead to their death.
10. 1Moreover, they are also acknowledged of the fact that working in such
manholes for too long and continuous involvement in such practices can lead
to serious health hazard like skin diseases and other chronic ailments and
continuous exposure to such hazards and toxic gases like Carbon Monoxide,
Carbon DiOxide, Sulphur DiOxide and Methane ultimately lead to death of an
individual.
11. Thus, it can be concluded that despite having all such acknowledgements, the
official did not make any step to prohibit or restrict such issues instead they
augment such issues and it certainly leads to attracting of charges like S. 107
r/w 119 and S. 304 of the IPC thus with their intent and acknowledgement
makes them liable for such offences under the IPC. Safai Karmachari
Andolan v. Union Of India38, [WP/17380/2017 (PIL), WP/31345/2014 &
WP(MD)/24243/2017]
Order dated 10.02.2020

In a group of writ petitions submitted to the Court, petitioners argued that the 2013 Act had
been violated since the State had done nothing to halt the manual scavenging that was killing
people in the Villupuram and Kumbakonam Municipalities. The State Government was
ordered by the Court to respond within two months with respect to:
37
Bhupendra v. State of M.P, (2014) 1 SCC (Cri) 1 (India)
38
Safai Karamchari Andolan v. Union of India,(2012) SCC OnLine SC 865 (India )
Page | 28
1. Court wanted to ascertain that aside from paying compensation, what efforts were made to
help the families of manual scavengers?
2. What initiatives were made to mechanise the state-wide scavenging process?
3. Inquiring as to why there has been no action taken in response to these occurrences, or if
there has been action, what the results have been?
4.The measures taken by the State against the person who disobeyed the rules and caused
such deaths?
In that case, the petitioner objected to the State's representation that the deceased was hired
by a contractor employed by the municipality and that he died while working outside the
sewer despite the use of mechanised equipment and safety precautions.

Although no response was provided in response to the aforementioned instructions, and the
State requested an extension for gathering data from districts, the Court responded as follows:
1. Emphasized that the petition, which has been pending since 2017, has repeatedly
emphasised the necessity to end this practise and the misery it causes a class of people. It
further clarified the gravity of the situation by stating:
“Young men belonging to such communities, in desperation and the lure of quick bucks,
undertake the risky exercise of entering underground pits and are quickly engulfed by carbon
monoxide, hydrogen sulphide or like toxic fumes that leave them little scope to turn around
and escape.”
2. Recognizing that municipalities may not hire manual scavengers directly; rather, the same
may be done through contractors, which is why the issue is still present.
3.The Court issued the following instruction, stating that it was time for corporate and
municipal leaders to be held personally accountable for fatalities resulting from manual
scavenging:
Page | 29
“It must be made clear by the appropriate department of the State to all heads of Municipal
Corporations and Municipalities in the State that any manual scavenging death within the
jurisdiction of the relevant Municipality or Corporation will result in the Commissioner or
Chairperson or the like controlling authority of the relevant body to face criminal charges and
be subjected to immediate arrest.”

The Court ordered the Commissioners of Municipal Corporations throughout the State and
the heads of the Municipalities to file written undertakings stating that no manual scavenging
work will be allowed to be undertaken within their jurisdictions, reiterating the personal
liability of the heads of Corporations and Municipalities for manual scavenging deaths. Those
in charge will be held personally accountable if such work is discovered. In order to prevent
the issue from recurring, the court additionally mandated that a machine be purchased for it
and that sewer pipes be upgraded.

1. The petitioner's arguments that the cost of living has increased significantly since 2014
convinced the court. The petitioner also requested Rs. 50 lakhs in compensation for deaths,
and the court noted that the amount of compensation set at 10 lakhs in 2014 may be very low
now that a lot of time has passed. As a result, the Court added that
“State could consider 2014 as the base year and then peg the increase to the rise in wholesale
price index or any other relevant index for determining the appropriate amount of
compensation.”
Further, it was held that if states agreed, they could increase the rate every three years, also
reviewing it every nine years.
With regards to the status report filed, the Court asked for the petitioner’s suggestions in
writing as it pointed out:
i.There not being mentioned anything conferring employments to dependents of the worker
who died
ii.Report mentions criminal action against contractors; Urban local body heads also suggested
iii.There being more than 3,000 manual scavengers while in 2014 only 436 of them being
acknowledged, fresh enumeration under Section 11 of the 2013 Act to be taken up.
Page | 30
iv.While urban areas have been successful in not employing manual scavengers, for septic
tanks owned by private individuals in semi-urban areas, light has not been thrown on the
measures taken by the State. Further, also being suggested that registration of septic tanks be
made mandatory.
It was also noticed that the State had complied with most of the requirements.

The government’s status report was filed in reply to the directions in the previous order and
was submitted that:
I. All Municipal Commissioners have pledged to refrain from hiring manual scavengers.
ii. It took six weeks to decide on the amount of compensation because it was agreed upon at
the meeting called by the chief secretary to raise it, but it had to be determined by what
percentage every three years.
Thus, the Court directed the State to submit a report in four weeks on:
i.Quantum of compensation
ii.Rehabilitation measures for family of manual scavengers
After this, non-action on FIRs filed as pointed out, FIRs to be collected and analysed.

As a subsequent development in this case, the Court underlined that manual scavenging by
urban local bodies employing them through contractors should be prohibited and the bids be
terminated, taking up the petitioners' requests one by one. When the Government counsel was
questioned if he knew that municipal corporations were using them in this way, he refused to
give specific numbers and said that he was unaware of the issue.
The petitioner further provided information stating that 44 deaths have recently occurred in
Tamil Nadu and that the reported deaths for the years 2019, 2020, and 2021 were recorded in
2021 WMP 6849/ 2021. It was further argued that if the 2013 act was not followed, both
individuals and local organisations needed to be penalised. According to a LiveLaw report,
only two out of the 34 individuals against whom a FIR was lodged were municipal officials,
despite the fact that the state has implemented a zero tolerance policy.
Thus, the Court had apprised the government counsel about the three lingering issues as
follows:
Page | 31
1. Whether the local bodies had knowledge of employing manual scavengers?

2. Issue of compensation to be paid
3. The extent of action taken against contravention of the act and engaging in manual
scavenging
The Government Counsel stated that the zero-tolerance policy is in place and that no one has
been hired by the authorities for manual scavenging since 2015. Of the 44 individuals named,
38 received compensation, and the remaining two either passed away in private residences or
for unrelated causes. This was disputed, nevertheless, as the affidavits included in the petition
indicated that deaths occurred in 2019 as a result of hiring manual scavengers through
contractors. It was further argued that the writ also demanded that in addition to FIR filings,
chargesheet filing counts, prosecution status, and successful convictions must be provided.
Thus, the state government was asked to file a reply on these allegations made against urban
local bodies in the writ petition within 4 weeks.
Page | 32
PRAYER
In the facts and circumstances of the case as mentioned above it is therefore most humbly
prayed that this honourable may graciously be pleased to:
1) Issue writ of mandamus or any other appropriate writ directing the concerned officials of
all States and UTs to place on record their respective status reports reflecting the number
of manual scavengers engaged or employed either directly or indirectly since 2013 with a
age and gender breakup. Moreover, status report in response to reflection of number of
existing and constructed insanitary and dry latrines since 2013.
2) Issue writ of mandamus or any other appropriate writ directing the NHRC concerned
officials of all States and UTs to submit a report within reasonable time on deaths of
manual scavengers since 2013. Moreover initiate criminal proceedings u/s 304 r/w
107/119 of IPC, 1860 against local authorities, agencies, contractors and other official
persons pertaining to the death of persons engaged directly or indirectly as manual
scavengers.
3) Issue writ of mandamus to direct the concerned authorities in retrospect to pay

compensation to the next kin for manual scavengers death post 2013.
4) Issue writ of mandamus or any other appropriate writ to file periodical Compliance
Reports pursuant to various directions issued by this Court.
5) Issue mandamus or any other appropriate writ directing the authorities and concerned
officials for implementation of schemes for women manual scavengers’ liberation,
rehabilitation, upliftment and reclamation of personality and identity.
Page | 33
6) Pass any order or direction as this Hon’ble Court may deem fit and proper in the facts and
circumstances of the present appeal.
AND FOR THIS ACT OF KINDNESS, THE PETITIONER SHALL, AS IN THE DUTY
BOUND EVER PRAY.
Page | 34
TABLE OF ANNEXURES
S. No. PARTICULARS
ANNEXURE 01 True copy of the Employment of Manual Scavengers and Construction
of Dry Latrines (Prohibition) Act, 1993.
ANNEXURE 02 True copy of the Prohibition of Manual Scavengers and Rehabilitation
Act, 2013
ANNEXURE 03 Report on status of Manual Scavengers in India: WATER AID
FOUNDATION September 2020
ANNEXURE 04 Cleaning human waste: Manual Scavenging, Caste and discrimination
in India HRW August 2014
ANNEXURE 05 Web version of true data issued by Ministry of Social Justice and
Empowerment on Manual Scavenging in India December 2021 link
ANNEXURE 06 Web version of true data by Safai Karamchari Andolan April 2022 link
ANNEXURE 07 Compilation of photography Manual scavengers
ANNEXURE 08 The link to kakoos (translates to toilet) : Tamil documentary on daily
lives on manual scavengers 2017 link
Page | 35

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3rd NLIU-LAC PIL Drafting Competition T.

3RD NLIU-LAC PIL DRAFTING COMPETITION- 2022

IN THE SUPREME COURT OF INDIA

CIVIL WRIT PETITION NO. X OF 2022

PUBLIC INTREST LITIGATIUNDER ARTICLE 32 OF THE CONSTITUTION OF

- MEMORENDUM ON BEHALF OF THE PETITIONER -

LIST OF AUTHORITIES AND REFRENCES........................................................................3

SUMMARY OF ARGUMENTS ADVANCED......................................................................12

ISSUE 01 WHETHER THE WRIT PETITION FILED BEFORE THE SUPREME

ISSSUE 02 - WHETHER THE WRIT OF MANDAMUS CAN BE ISSUED TO THE

ISSUE 03 - WHETHER THE DEATHS OF MANUAL SCAVENGERS, CAUSED

LIST OF AUTHORITIES AND REFRENCES

1. ACTS AND STATUTES

3. ARTICLES AND JOURNALS

4. RESEARCH PAPERS AND JOURNALS

5. REPORTS AND OTHER AUTHORTIES

k. Sri Venkataramana Devaru v. State of Mysore, AIR 1958 SC 255 (1958)

S. No. ABBREVIATIONS FULL FORM

NEWS OCTOBER 2022

DATA ON MANUAL SCAVENGING

SAFAI KARAMCHARI V. UOI 6

it precluded the aspect of rehabilitation and protection by providing procedure and

4. As per the Safai Karamchari Aandolan’s data, in contemporary India 1,86,31,204

LEGAL STANDPOINT ON MANUAL SCAVENGING

CONTEMPORARY STATE OF MANUAL SCAVENGING

The petition is submitted under Public Interest Litigation .

Gender Identities Converge, Economic and Political Weekly 06 July 2020

1. WHETHER THE WRIT PETITION FILED BEFORE THE SUPREME

2. WHETHER THE WRIT OF MANDAMUS CAN BE ISSUED TO THE

3. WHETHER THE DEATHS OF MANUAL SCAVENGERS, CAUSED

SUMMARY OF ARGUMENTS ADVANCED

1. WHETHER THE WRIT PETITION FILED BEFORE THE SUPREME

2. WHETHER THE WRIT OF MANDAMUS CAN BE ISSUED TO THE

3. WHETHER THE DEATHS OF MANUAL SCAVENGERS, CAUSED

It is humbly submitted that a writ of mandamus to initiate criminal proceedings u/s

ISSUE 01 WHETHER THE WRIT PETITION FILED BEFORE THE SUPREME

It is humbly submitted that -

1.1 JURISDICTION OF SC UNDER ARTICLE 136 CAN ALWAYS BE INVOKED

1.1.1 THE MATTER INVOLVES QUESTION OF LAW OF GENERAL

1.1.2 THE ISSUE INVOLVE SERIOUS IMPLICATION ON STATE AND IS A DIRECT

ISSSUE 02 - WHETHER THE WRIT OF MANDAMUS CAN BE ISSUED TO THE

2.1 THE PRACTICE OF MANUAL SCAVENGING IS AN ABHORRENT ACT AND IS

5. In the case of Vishakha v. State of Rajasthan 16

7. The Supreme court in the famous case of N. Adithayan v. Travancore Devaswom

19. “Promotion of educational and economic interests of Scheduled Castes,

More than 90% women are manual scavenger

25. Such a comprehensive examination of the prejudice that individuals experience in

formulate equality concerns as ones of "power and powerlessness" rather than of

patriarchy—was the promitent ground on which their oppression was envisioned. On

Safai Karamchari Andolan v. Union of India,(2012) SCC OnLine SC 865 (India )

security of the sewage workers in addition to paying higher compensation to the

ISSUE 03 - WHETHER THE DEATHS OF MANUAL SCAVENGERS, CAUSED

1. That The Deaths Of Manual Scavengers Caused Directly Or Indirectly, As A

3. Section 107 in The Indian Penal CodeAbetment of a thing.—A person abets

of encryption or any other information hiding tool, the existence of a design]

5. These 3 sections provide us the basic of understanding of how abatement,

6. The principled aspect associated with such deaths is related to intention to

7. Moreover, their gross negligence and non compliance can be summarised