Members of Scheduled Castes and Scheduled Tribes are still struggling for equality and civil rights, and are left to die in sewer chambers which are like "death traps", the Supreme Court said on Tuesday.
The apex court, which observed that the SC/ST members are still discriminated against in matter of civil rights, said they have been suffering ignominy, abuse and have been outcast socially for centuries.
"They do labour, bonded or forced, in agricultural fields, which is not abrogated in spite of efforts. In certain areas, women are not treated with dignity and honour and are sexually abused in various forms. We see sewer workers dying due to poisonous gases in chambers. They are like death traps," a bench headed by Justice Arun Mishra said.
"We have not been able to provide masks and oxygen cylinders for entering in sewer chambers. We cannot leave them to die like this and avoid tortious liability concerned with officials/machinery, and they are still discriminated within the society in the matter of enjoying their civil rights and cannot live with human dignity," the bench, also comprising justices M R Shah and B R Gavai, said.
The observations by the bench came in its 51-page verdict in which it recalled apex court's direction in its March 20, 2018 judgement which had virtually diluted provisions of arrest under the SC/ST Act.
Referring to the prevailing conditions, the bench said, "We are compelled to observe that SCs/STs are still making the struggle for equality and for exercising civil rights in various areas of the country."
It said that in spite of reservation, the "fruits of development" have not reached to the members of SC/ST communities and by and large they have remained unequal and vulnerable sections of the society.
"The efforts for their upliftment should have been percolated down to eradicate their sufferings," the bench said.
Referring to Article 21 of the Constitution, the top court said that the right to life includes the right to live with dignity.
"Basic human dignity implies that all the persons are treated as equal human in all respects and not treated as an untouchable, downtrodden, and object for exploitation," it said, adding, "It also implies that they are not meant to be born for serving the elite class based upon the caste."
It said that caste discrimination is deep-rooted in the society and though consistent efforts have been made to remove it, the country still has to achieve the real goal.
"No doubt we have succeeded partially due to individual and collective efforts," it said.
The bench noted that historically, disadvantageous groups must be given special protection and help so that they can be uplifted from poverty and low social status.
The top court had on September 18 criticised the verdict delivered by its two-judge bench on March 20 last year and had observed whether a judgment could be passed against the spirit of the Constitution.
Indicating that it would pass certain directions to "bring in equality" as per provisions of the law, the top court had said people belonging to scheduled castes and scheduled tribes are subjected to "discrimination" and "untouchability" even after over 70 years of Independence.
Taking a serious view of the manual scavenging situation and deaths of SC/ST people engaged in such work, the top court had said nowhere in the world people are sent to "gas chambers to die".
The apex court's March 20, 2018, verdict had led to a massive outcry and protests by different SC/ST organisations across India after which Parliament passed the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018, to neutralise effects of the judgment.
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