Untouchability in Modern India? PIL Attacks Discriminatory Provisions in MS Act


20 February 2024 Public Interest Litigation >> Constitution & Law Procedure  

A Public Interest Litigation (PIL) has been filed in India challenging the definition of "manual scavengers" under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 (MS Act). The petition argues that the current definition excludes deserving groups and violates fundamental rights enshrined in the Indian Constitution.


Facts:

  • The Petitioner contests the constitutional validity of delineated provisions within the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 ("MS Act") and its corresponding Rules ("MS Rules"). The impugned sections include: 2(1)(g), 11, 13, 14, 15, 16, and 39.
  • The challenge centers on the alleged contravention of Articles 14 (Equality), 17 (Untouchability), 21 (Life and Liberty), and 23 (Right to Practice any Profession) of the Indian Constitution by the aforementioned provisions.
  • The crux of the Petitioner's argument hinges on the definition of "manual scavengers" enshrined within Section 2(1)(g) of the MS Act. The Petitioner posits that this definition is:
    • Exclusionary in Nature: It excludes sewer cleaners and septic tank cleaners who engage in hazardous work involving human excreta.
    • Discriminatory in Application:
      • Explanation (a) of Section 2(1)(g) offers coverage solely to regular/contractual employees, thereby excluding daily wage workers, temporary workers, and Jajmani workers.
      • Explanation (b) of Section 2(1)(g) excludes individuals who utilize protective gear, denying them access to benefits despite the inherent nature of the work.

 

 

Conclusions:

  • The Petitioner concludes that both the definition of "manual scavengers" and its corresponding explanations within the MS Act are demonstrably arbitrary and discriminatory.
  • This alleged arbitrariness and discrimination transgress the Petitioner's interpretation of Articles 14, 17, 21, and 23 of the Indian Constitution.