Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2013: Object of - Discussed PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS AND THEIR REHABILITATION ACT |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | PROHIBITION OF EMPLOYMENT AS MANUAL SCAVENGERS AND THEIR REHABILITATION ACT, 2013: Object of - Discussed. CONSTITUTION OF IND/A, 1950: Articles 14, 17, 21 and 47 - Non-implementation of Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 - PIL - Grievance of petitioner that manual scavenging continues unabated and dry latrines continue to exist notwithstanding the fact that 1993 Act was in force for nearly two decades - Writ petition inter alia, seeking for enforcement of fundamental rights guaranteed under Articles 14, 17, 21 and 47; complete eradication of Dry Latrines; and for declaring the practice of manual scavenging and the operation of Dry Latrines violative of the Constitution and the 1993 Act - Held: Due to effective intervention and directions of the Supreme Court, the Government brought Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 for abolition of this evil and for welfare of manual scavengers - In view of various provisions of 2013 Act and in the light of various orders passed by Supreme Court from time to time, various directions passed for rehabilitation of the manual scavengers and for welfare of their family and children - All the State Governments and the Union Territories directed to fully implement the same and take appropriate action for non-implementation as well as violation of the provisions contained in the 2013 Act - Inasmuch as the Act 2013 occupies the entire field, no further monitoring required by the Supreme Court - However, duty cast on all the States and the Union Territories to fully implement and to take action against the violators - persons aggrieved to approach the authorities concerned at the first instance and thereafter the High Court having jurisdiction - Writ petition disposed of - Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act, 1993 - Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 - ss.2(1)(d), (e) and (g). INTERNATIONAL CONVENTIONS AND COVENANTS: Binding effect of - Held: The provisions of the international Covenants, which have been ratified by India, are binding to the extent that they are not inconsistent with the provisions of the domestic law. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2014 INSC 212 |
Petitioner | Safai Karamchari Andolan & Ors. |
Respondent | Union Of India & Ors. |
SCR | [2014] 4 S.C.R. 197 |
Judgement Date | 2014-03-27 |
Case Number | 583 |
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