2011 INSC 0065
                        SUPREME COURT OF INDIA

                        Safai Karamchari Andolan
                                      Vs.

                           Union of India (UOI)

                        W.P. (C) No. 583 of 2003

(S. H. Kapadia, C.J.,K. S. Panicker Radhakrishnan and Swatanter Kumar JJ.)

                        12.01.2011

                        ORDER

1. As far back as on 5th October, 2007, this Court had directed the States, which
have adopted the Employment of Manual Scavengers and Construction of Dry
Latrines (Prohibition) Act, 1993 ['1993 Act', for short] but had not appointed
Executive Authorities, as required under Section 5 of 1993 Act, to appoint such
Authorities.

2. The position as of today is that, even in 2011, the following States and a Union
Territory have failed to comply with our directions dated 5th October, 2007. They
are as follows:

[a] Punjab;

[b] Tamil Nadu;

[c] Uttarakhand;

[d] U.T. of Dadra and Nagar Haveli; and

[e] Manipur.

3. We hereby direct the concerned Secretary of each of the above States to remain
present in this Court on 18th February, 2011, to explain why our directions dated
5th October, 2007, have not been implemented till date. It is made clear that, in the
meantime, if the States take requisite steps to make appointments, as required

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under Section 5 of 1993 Act before the next date, then the concerned Secretary
need not remain present in Court. We also give liberty to the Petitioners to take
appropriate action if the directions are not complied with.

4. We have examined the writ petition. We find that the prayers made in the writ
petition are very wide. Be that as it may, in the present case, this Court has been
monitoring the issue concerning prohibition and employment of manual scavengers
as well as construction or continuance of dry latrines for the last decade. Detailed
directions have been given from time to time by this Court vide Orders dated 29th
April, 2005, 14th November, 2005, 20th March, 2006, 5th October, 2007, 11th
December, 2007, 30th April, 2009, and 8th May, 2009. For implementation of
those directions, we direct the Registry of this Court to forward a copy of the writ
petition along with Orders dated 29th April, 2005, 14th November, 2005, 20th
March, 2006, 5th October, 2007, 11th December, 2007, 30th April, 2009, and 8th
May, 2009, to respective High Court and we request those High Courts to enforce
the directions given by this Court from time to time. We make it clear that the High
Courts will see to it that the provisions of 1993 Act are implemented by the
Authorities within their respective jurisdiction.

5. In cases where the Railways is the employer, we request the Delhi High Court to
enforce the provisions of 1993 Act as also the directions issued by this Court from
time to time.

6. Place this matter on 18th February, 2011, as last item on Board.

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