In a recent hearing, the Supreme Court expressed its dissatisfaction with the affidavits submitted by municipal authorities of Delhi, Kolkata, and Hyderabad regarding deaths caused by manual scavenging. The court criticized the lack of clarity on how and when manual scavenging and sewer cleaning would be abolished in these cities. Authorities from the Delhi Jal Board (DJB), Kolkata Municipal Corporation (KMC), and Hyderabad Metropolitan Water & Sewerage Board (HMWSB) previously claimed that manual scavenging was no longer practiced, yet the Supreme Court found their explanations insufficient in addressing the reported deaths of sanitation workers due to hazardous sewer cleaning activities.

"If manual scavenging has been eradicated, how are deaths still occurring?" - Supreme Court

On January 29, 2025, a bench comprising Justices Sudhanshu Dhulia and Aravind Kumar passed an order reinforcing the ban on manual scavenging and sewer cleaning in six major metropolitan cities: Delhi, Mumbai, Kolkata, Chennai, Bangalore, and Hyderabad. The court instructed the Chief Executive Officers of these cities to file affidavits detailing the complete eradication process. However, the authorities of Bangalore, Kolkata, Delhi, and Hyderabad were summoned again, as their affidavits failed to provide sufficient justification for the recent deaths.

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The Supreme Court has also sought explanations on why criminal charges should not be filed against officials and contractors responsible for employing manual scavengers or failing to prevent these fatalities. The court found the affidavits submitted by Mumbai and Chennai to be satisfactory but requested additional details on the specific equipment and technologies used to replace manual scavenging. These authorities must also state the exact date when manual sewer cleaning was entirely stopped.

Meanwhile, the Bruhat Bengaluru Mahanagara Palike (BBMP) did not submit an affidavit and was unrepresented in the hearing. The court has now ordered the BBMP Commissioner to appear in the next hearing and provide a detailed explanation.

In Kolkata, the KMC claimed that manual scavenging and sewer cleaning were abolished, yet the Supreme Court noted that three workers had died on February 2, 2025. The court has summoned Municipal Commissioner Dhaval Jain for clarification. The issue of jurisdiction was also raised, with KMC’s counsel arguing that the deaths occurred outside KMC’s limits, within the jurisdiction of the Kolkata Metropolitan Development Authority (KMDA). However, Senior Advocate Nandini Sen Mukherjee, representing KMDA, denied responsibility, stating that KMDA does not assign manual sewer cleaning work.

"Who is responsible for these deaths if both agencies deny jurisdiction?" - Supreme Court

To resolve this, the court has ordered the Chief Secretary of West Bengal to file an affidavit clarifying which authority oversees sanitation work in Kolkata and its surrounding areas.

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In Delhi, the affidavit submitted by DJB was found unsatisfactory, as it merely stated that manual scavenging was banned without addressing the seven deaths reported in Delhi over the past year. The court has summoned Director (S&DM), DJB, Pankaj Kumar Atray, to appear in the next hearing.

Similarly, the affidavit submitted by HMWSB failed to clarify when and how manual scavenging was eradicated. The court noted that three deaths due to manual scavenging occurred in Hyderabad over the past year, questioning how such incidents were possible if the practice had truly been abolished. The court has now summoned Managing Director K. Ashok Reddy for further inquiry.

The Supreme Court has scheduled the next hearing for March 20, 2025. The officials ordered to be present include the Commissioner of BBMP (Bangalore), Municipal Commissioner Dhaval Jain (Kolkata), Director (S&DM) Pankaj Kumar Atray (Delhi), and Managing Director K. Ashok Reddy (Hyderabad). Authorities from Mumbai and Chennai must file supplementary affidavits detailing the technological advancements implemented to replace manual sewer cleaning.

"Why should those responsible for these deaths not face criminal prosecution?" - Supreme Court

The Supreme Court’s firm stance highlights the urgency of ensuring the complete elimination of manual scavenging. As the case progresses, accountability and justice for sanitation workers remain at the forefront of the legal battle.

Case Details: DR. BALRAM SINGH v. UNION OF INDIA AND ORS.,|W.P.(C) No. 324/2020