Existence of manual scavengers in Delhi a disgrace: HC

The Delhi High Court today termed as "disgraceful" the existence of manual scavengers in the national capital despite a law prohibiting such a practice and said, "We are a country of poor people but not for poor people".
"A statement was made by the authorities concerned that there were no manual scavengers in Delhi. But the report of Delhi State Legal Services Authority (DSLSA) shows that there were 233 manual scavenger in the city," a bench of Justices Badar Durrez Ahmed and Ashutosh Kumar said.
"This completely belies the statement made by the Delhi Jal Board, MCDs and other authorities concerned," it said, adding that "despite the rights that they (manual scavengers) have under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, their presence is indeed disgraceful for the city".

The court's observation came during hearing of a PIL filed in 2007 for rehabilitation of manual scavengers.
The bench also termed as "ridiculous and shocking", when it was informed by DSLSA's Member Secretary, Dharmesh Sharma, that one of the manual scavengers was a "graduate".
DSLSA submitted its report on the court's direction issued to it to verify the veracity of the statements of all agencies that there are no manual scavengers in the city.

The bench had given that direction so that legal assistance or aid can be given to persons, who may be identified as manual scavengers, to ensure their rights under the Act.

Accordingly, DSLSA conducted series of surveys along with 10 law students to cover various aspects of the issue of manual scavengers. "Manual scavenging is just like a business in Delhi and daily wagers are hired from outside Delhi," DSLSA said in its report.
After perusing the report, the court pulled up the civic bodies and the jal board, asking the two bodies to file status report with regard to existence on such employees in the city.
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The court was annoyed with the agencies on DSLSA's report, which stated that they have interacted with more than 1000-odd workers of which 233 were identified as manual scavengers.

"Some of the workers who are engaged as manual scavengers are permanent employees of MCD/DJB while many other workers are outsourced with/through the private contractors.
"Out of 233 identified manual scavengers, there are 104 government employees and 129 outsourced/provate contract workers. Among them, 11 of the workers belong to upper caste community," DSLSA said.
It said that permanent employees of MCD/DJB do not enter into deep pits and they have outsourced their job to private workers.
"MCD has not supplied any kind of equipment to its workers nor any kind of safety equipments are provided by the private contractors to those engaged on a daily basis.

"DJB is providing gumboots, ropes, gloves, safety belts, helmets, besides first aid box. However, the workers stated that they are hardly using such equipments as they are quite heavy and they have no facility to carry them from one place to another," the court was told.
The judge then asked the agencies why they have not given transportation facility.
"There is no facility to carry. They (workers) are not donkeys, who will carry the equipments on their back," the court said, adding that "it is not happy with the attitude of the civic bodies".
The bench was also told that workers lose their eyesight due to impact of the poisonous gases.

"Use of alcohol and drugs are rampant among outsourced workers," DSLSA said, adding that "a status report shall be filed by August 10 along with an affidavit clearly indicating what steps have been taken to guarantee that no person is engaged in any such activity without proper protective gear or safety devices. This direction shall be strictly complied with".