Balram Singh vs Union of India Case Analysis

Introduction of Balram Singh vs Union of India

The case of Balram Singh vs Union of India showcased an important step in fight against manual scavenging in India. Despite existing laws forbidding practice, thousands of sanitation workers continued to risk their lives, often without safety measures, fair compensation, or rehabilitation. Dr. Balram Singh filed a writ petition under Article 32 of Indian Constitution. He urged the Supreme Court to enforce stricter implementation of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013. Explore other important Landmark Judgements.

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The case at hand centred around the eradication of manual scavenging in India and the enforcement of existing laws aimed at prohibiting the practice. The Petitioner approached the Supreme Court under Article 32 of the Indian Constitution and highlighted the failure of authorities in implementation of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 and the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013. The following are the brief facts of Balram Singh vs Union of India -

Writ Petition

Dr. Balram Singh filed writ petition under Article 32 of Indian Constitution and sought Supreme Court to order authorities to enforce prohibition on manual scavenging and also ensure implementation of relevant legislation.

Laws Involved

The case focused on strict enforcement of:

• The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993
• The Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013

These laws were introduced to eradicate manual scavenging and provide rehabilitation and compensation to affected workers.

Allegations of Petitioner

Dr. Balram Singh argued that despite existence of these laws they were not implemented effectively. He pointed out:

• Continued instances of manual scavenging, despite the legal prohibition.
• Lack of proper rehabilitation and compensation for affected workers.
• A legislative vacuum in ensuring the welfare of those previously engaged in manual scavenging.

Intervention of the Supreme Court

A 2-Judge Bench of the Supreme Court comprising Justice S. Ravindra Bhat and Justice Aravind Kumar, took up the matter. The Court acknowledged the dehumanizing nature of manual scavenging and issued 14 directives to the State to ensure the complete eradication of the practice.

Issue addressed in Balram Singh vs Union of India

The issue in Balram Singh vs Union of India centred around continued existence of manual scavenging in India. The Supreme Court acknowledged failure of Union and State Governments in eradication of inhumane practice and ensuring the safety and dignity of sanitation workers.

The case also focused on lack of proper compensation and rehabilitation for victims of sewer-related deaths and disabilities. The Court examined the accountability of authorities and contractors responsible for unsafe working conditions that led to these tragedies. Additionally, it questioned the implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 and sought strict enforcement of its provisions.

In Balram Singh vs Union of India, Article 14, Article 15, Article 17, Article 21, Article 23 and Article 24 of Indian Constitution played an important role. The following are the analysis of these provisions -

Article 14 of the Constitution of India: Equality before the law

Article 14 deals with equality before law. It states that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. This ensures fairness and prohibits arbitrary state action. 

Article 15 of the Constitution of India: Prohibition of Discrimination and Special Provisions for Backward Classes

It guarantees safeguard against discrimination on the grounds of religion, race, caste, sex or place of birth. Article 15 is considered as a cornerstone of the commitment of the nation to social justice and equality. The provision allows for special provisions to uplift marginalized groups.

Article 17 of Indian Constitution: Abolition of Untouchability

According to Article 17 of the Constitution, the practice of untouchability is officially ended and no longer allowed. Any action that tries to enforce or continue the practice of untouchability is strictly prohibited.

Article 21 of Indian Constitution: Protection of life and personal liberty

Article 21 under Part III of Indian Constitution ensures that no person can be deprived of their life or personal liberty except in accordance with the procedure established by law.

Article 23 of Indian Constitution: Prohibition of traffic in human beings and forced labour

Article 23 prohibits trafficking in human beings, including trafficking for the purpose of forced labour, slavery or exploitation. It acts as a protective shield and plays a crucial role in upholding human dignity and preventing exploitation in various forms.

Article 24 of Indian Constitution: Prohibition of employment of children in factories, etc

Article 24 prohibits employment of children below 14 years of age in any factory, mine or any other hazardous employment. Article 24 must be r/w Article 39(e) and Article 39(f) of DPSP which provides for the protection of health and strength of children and that the tender age of children should not be abused.

Judgment and Impact of Balram Singh vs Union of India

On October 20, 2023, the Supreme Court of India in Balram Singh vs Union of India issued a firm directive to the Union and State Governments to ensure the complete eradication of manual scavenging. 

A bench comprising Justices S. Ravindra Bhat and Aravind Kumar highlighted the need for enforcement of the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act, 2013 and issued 14 important directions to strengthen implementation efforts. The following directives was issued by the Supreme Court-

• Total Eradication of Manual Scavenging: The Union Government must frame policies and guidelines to completely eliminate manual sewer cleaning across all departments, agencies, corporations, and local bodies. Outsourced work or contracts must not require individuals to enter sewers under any circumstances.
• Strict Implementation by States and UTs: All States and Union Territories must align their policies with Union guidelines and ensure strict enforcement at the municipal and local levels.
• Comprehensive Rehabilitation Measures: Governments must provide full rehabilitation to sewer workers and their families, including employment for next of kin, educational support for children, and skill training programs.
• Enhanced Compensation for Sewer Deaths: Compensation for deaths due to sewer work is increased from ₹10 lakhs to ₹30 lakhs. If any dependent has not received compensation, the revised amount must be paid.
• Compensation for Disabilities: Severe, permanent disabilities resulting from sewer work will receive at least ₹20 lakhs. Other disabilities must be compensated with at least ₹10 lakhs.
• Accountability for Outsourced Work: The concerned government must create strict accountability for sewer deaths happening under contracted or outsourced work. Contracts should be immediately canceled and monetary penalties should be imposed.
• Standardized Contracts for Sewer Work: A model contract will be introduced, incorporating strict safety standards and penalties for violations. If a contractor fails to comply, they face contract termination and potential blacklisting.
• Nationwide Survey on Manual Scavenging: The National Commission for Safai Karamcharis (NCSK), National Commission for Scheduled Castes (NCSC), and National Commission for Scheduled Tribes (NCST), along with the Ministry of Social Justice, must conduct a national survey within one year.
• Training & Education for Authorities: Specialized training modules will be created to ensure proper implementation of policies.
• Scholarships for Victims' Dependents: The government must provide scholarships and educational assistance to children of manual scavenging victims.
• Legal Services Support: The National Legal Services Authority (NALSA) will be actively involved in policy framing, surveys, and compensation disbursement.
• State and District-Level Monitoring: States must establish monitoring committees at district and state levels, ensuring vacancies in relevant commissions are promptly filled.
• Public Awareness Initiatives: Training and awareness programs will be run to educate local authorities and the general public.
• Creation of a Monitoring Portal: A centralized online portal and dashboard will be developed to track sewer deaths, compensation payments, and rehabilitation efforts.

Observations of Supreme Court

Quoting Dr. B.R. Ambedkar, Justice Bhat highlighted that the war against manual scavenging is a fight for dignity and freedom. The Court emphasised that Article 15(2), Article 17, Article 23 and Article 24 of the Constitution impose a duty on both the Union and States to eliminate this inhumane practice. He also noted that true equality and fraternity can only be realized when the most marginalized communities receive the justice, rights, and dignity promised by the Constitution.

Conclusion

In Balram Singh vs Union of India the Supreme Court bolstered the urgent need to eradicate manual scavenging and uphold the dignity of sanitation workers. By issuing strict directives to the government, the Court highlighted accountability, rehabilitation, and stronger enforcement of existing laws. The decision marks an important step toward social justice and ensures that those engaged in hazardous sanitation work receive the protection, compensation, and dignity they deserve.