Manual Scavengers Act Flashcards
Why does the Manual Scavengers act apply to not just victims but also their families?
As per victim jurisprudence, a victim is an entity which also includes their families by virtue of secondary and tertiary victim perspective. This is also because they live in communities and are often discriminated against due to their profession as well as their caste.
What is the Hohfeld analysis of the Act?
If you look at Chapter IV of the act, a duty is placed to rehabilitate the victims. However, the correlative of duty is liability, ie, the liability for shirking away from the duty. The act is however silent on this legal relation, It does not describe the liability for not actively rehabilitating.
Why is rehabilitation not penalised?
In the cases of developing nations like India, positive obligations are difficult to penalise. Positive obligations like those under the DPSPs are unenforceable, it might be impractical to penalise them.
Why is rehabilitation important in this act?
With only prohibition, these workers will be out of jobs as they will be discriminated against due to the stigma prevalant against them. Therefore the state has to take a pro-active approach to rehabilitate them.
Criticism of the Act
Main criticism deals with lack of punitive measures for non-compliance with rehabilitation requirements. So, in totality, the objective of the act of rehabilitation becomes redundant and is at the mercy of the governmental authorities who if they feel like it, they’ll rehabilitate else not. You as a manual scavenger will have no remedy under this special law but only under article 21. So, what’s the point of this special law?
Nature of the act?
Rehabilitation and prohibition
Case dealing with Manual Scavengers act
Delhi Jal Board v National Campaign for Dignity and Rights of Sewerage and Allied Workers
Facts of the Delhi Jal Board case
The Delhi Jal Board was an authority that employed sewage workers and other allied services. The National Campaign for dignity and rights of sewerage and allied workers represented the plight of such workers and filed a writ petition in the High Court. The High Court awarded compensation for such workers noting the odd and horrible work conditions and the hazardous nature of the activity.
The government appealed. The SC awarded enhanced compensation. The SC noted that there was no defence of volenti non injuria due to the hazardous nature of the act. The court clarified that it was in the scope of the court to award compensation of this sort. This case set the premise for the manual scavengers act. Dignity is to be ensured through compensation.
What did the court say regarding volenti non fit injuria in the Delhi Jal Board case?
Volenti does not take away the liability of the employer to keep safety mechanisms in place. Also, volenti can be enforced due to unequal power dynamics.
Case regarding repair of submersible motor
Gaurav Data v. State of Haryana
Facts of Gaurav Data v. State of Haryana
In this case, two workers had entered the tank to repair the submersible motor in a septic tank. As per the FIR, they died due to presence of poisonous gases in the tank.
In this case, however, as per provisions of the rules there are exceptions for entry into septic tanks, which include the repair of submersible pump sets at the bottom of suction wells. It is to be seen whether the owner had taken statutory precautions as designated under the rules, to be investigated.
case dealing with intersectionality and Manual Scavengers
Lenin Viegas v. State & Another
Usually, due to the intersectional nature of Manual scavenging, any case under the MS act also comes under the prevention of atrocities against SC/ST act. The court ruled here that since the person didn’t belong to a scheduled caste as notified, the SC/ST act could not be considered.
Case regarding surveys
Metro waste Handling v. Delhi Jal Board. Court held that not holding a survey does not mean that there do not exist manual scavengers in the region. Surveys are just an official exercise to keep track of people employed in such a dehumanising exercise.
