IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL WRIT JURISDICTION

WRIT PETITION(CIVIL) NO. OF 2018
AND
IN THE MATTER OF A PUBLIC INTEREST LITIGATION

IN THE MATTER OF:

XXX NGO & ors. PETITIONER
Vs

Union of India & ors. RESPONDENTS

INDEX
S No. Particulars Page No.

1. Urgent Application
2. Notice of Motion

3. Memo of Parties

4. Synopsis and List of Dates

5. Writ Petition and Affidavits in Support of
the Petitioners

Through
XXXX
ADVOCATES FOR THE PETITIONER
102, New Lawyers Chambers, High
Court of India , New Delhi 110001

New Delhi
Date: 08.09.2018
 IN THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL WRIT JURISDICTION
WRIT PETITION(CIVIL) NO. OF 2018
AND
IN THE MATTER OF A PUBLIC INTEREST LITIGATION

IN THE MATTER OF:

XXX NGO & ors. PETITIONER
Vs

Union of India & ors. RESPONDENTS

URGENT APPLICATION

To,
THE REGISTRAR
OF THE HIGH COURT OF DELHI,
AT NEW DELHI.
Sir,
Kindly treat the accompanying Writ petition as an urgent one as per the
Delhi High Court Rules. It is most humbly prayed that an urgent hearing be
given.
Yours faithfully,
Through
XXXX
ADVOCATES FOR THE PETITIONER
102, New Lawyers Chambers, High
 Court of India , New Delhi 110003

New Delhi
Date: 08.09.2018
 IN THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL WRIT JURISDICTION
WRIT PETITION(CIVIL) NO. OF 2018
AND
IN THE MATTER OF A PUBLIC INTEREST LITIGATION

IN THE MATTER OF:

XXX NGO & ors. PETITIONER
Vs
Union of India & ors. RESPONDENTS

NOTICE OF MOTION

Sir,
Please take note that the above noted matter will be listed on………...2018
before the Hon’ble High Court of Delhi. It is, therefore, requested to you to
please enter your appearance on the said date.
Through
XXXX
ADVOCATES FOR THE PETITIONER
102, New Lawyers Chambers, High
Court of India , New Delhi 110003

New Delhi
Date: 08.09.2018
 IN THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL WRIT JURISDICTION
WRIT PETITION(CIVIL) NO. OF 2018
AND

IN THE MATTER OF A PUBLIC INTEREST LITIGATION

MEMO OF PARTIES

1. XXX NGO & ors.

AB 14 Pandora Road, New Delhi
110003 PETITIONER

Vs
1. Union of India
Through its Secretary Ministry of Home
Affairs Foreigners Division, FCRA Wing,
Government of India Jaising Road Opposite
Jantar Mantar New Delhi-110001 RESPONDENTS
Through
XXXX
ADVOCATES FOR THE PETITIONER
102, New Lawyers Chambers, High
Court of India , New Delhi 110003

New Delhi
Date: 08.09.2018
 SYNOPSIS
1. The instant Writ Petition has been filed by the Petitioners as a Public
Interest Litigation under Article 226 of the Constitution of India praying
for issuance of a writ of mandamus to the respondent – Union of India, to
strictly enforce the implementation of the Employment of Manual
Scavengers and Construction of Dry Latrines(Prohibition) Act 1993, inter
alia, seeking for enforcement of fundamental rights guaranteed under
Articles 14, 17, 21 and 47 of the Constitution of India.

2. As per the 2011 Socio-economic and Case Census, 1,82,505 rural

households in India were dependent on manual scavenging for income.
The manual scavengers are considered as untouchables by other
mainstream castes and are thrown into a vortex of severe social and
economic exploitation.

3. Manual scavenging remains a dominant practice across India, despite the

passage of The Employment of Manual Scavenging and construction of
Dry latrines (Prohibition) Act 1993. The Act was again revised 20 years
later in 2013, and stressed on not only eradicating manual scavenging but
rehabilitating families which were dependent on manual scavenging as a
profession.

4. Public interest demands to strictly enforce the implementation of the

Employment of Manual Scavengers and Construction of Dry
Latrines(Prohibition) Act 1993 in their welfare and remedies for
preventing the daily deaths of the scavengers in Delhi.
 LIST OF DATES AND EVENTS

S No. Date Event

1. March 22, 1922 With a view to eliminate manual scavenging, a

Scheme known as National Scheme of
Liberation and Rehabilitation of Scavengers and
their Dependents was launched for
identification, liberation and rehabilitation of
scavengers and their dependents by providing
alternative employment after giving the
requisite training.
2. February 8, 1989 National Scheduled Castes and Scheduled
Tribes Finance and Development Corporation
was setup as a Government company to provide
financial assistance to all the Scheduled Castes
and Scheduled Tribes including the manual
scavengers for their economic development.
3. June 5, 1993 The Parliament enacted the Employment of
Manual Scavengers and Construction of Dry
Latrines (Prohibition) Act, 1993 and it received
the assent of the President. The long title of the
Act describes it as an Act to provide for the
prohibition of employment of manual
scavengers as well as construction or
continuance of dry latrines and for the
regulation of construction and maintenance of
water-seal latrines and for matters connected
therewith or incidental thereto.
 IN THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL WRIT JURISDICTION
WRIT PETITION(CIVIL) NO. OF 2018
AND
IN THE MATTER OF A PUBLIC INTEREST LITIGATION

IN THE MATTER OF:

XXX NGO & ors. PETITIONER
Vs

Union of India & ors. RESPONDENTS

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA

PRAYING FOR ISSUANCE OF A WRIT OF MANDAMUS TO THE RESPONDENT-
UNION OF INDIA TO STRICTLY ENFORCE THE IMPLEMENTATION OF THE
EMPLOYMENT OF MANUAL SCAVENGERS AND CONSTRUCTION OF DRY
LATRINES (PROHIBITION) ACT, 1993

To the Chief Justice of Delhi and

His companion Judges

Of the Delhi high court

THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED.

MOST RESPECTFULLY TRUE WITH SHOWETH:

1. That the Petitioners have no personal interest in the litigation and the
petition is not guided by self-gain or the gain of any other
person/institution/body and there is no other motive than public interest
in filing the writ petition.
2. That the facts in the writ petition are obtained from newspaper reports,
and from certain court cases on the matter, followed up by painstaking
research checked out with reliable sources.
3. That the petitioner is deeply concerned with the protection of manual
scavengers and enforcement of the Employment of Manual Scavengers
and Construction of Dry Latrines (Prohibition) Act, 1993
4. That the instant Writ Petition has been filed by the Petitioners as a Public
Interest Litigation under Article 226 of the Constitution of India praying
for issuance of a writ of mandamus to the respondent – Union of India, to
strictly enforce the implementation of the Employment of Manual
Scavengers and Construction of Dry Latrines(Prohibition) Act 1993, inter
alia, seeking for enforcement of fundamental rights guaranteed under
Articles 14, 17, 21 and 47 of the Constitution of India.

FACTS:
1. That the inhuman practice of manually removing night soil which
involves removal of human excrements from dry toilets with bare
hands, brooms or metal scrappers; carrying excrements and baskets to
dumping sites for disposal is a practice that is still prevalent in many
parts of the country. While the surveys conducted by some of the
petitioner- organizations estimate that there are over 12 lakh manual
scavengers undertaking the degrading human practice in the country,
the 2011 Socio-economic and Case Census says that there are 1,82,505
 rural households in India were dependent on manual scavenging for
income.
2. That of these, over 95% are Dalits (persons belonging to the scheduled
castes), who are compelled to undertake this denigrating task under
the garb of traditional occupation. The manual scavengers are
considered as untouchables by other mainstream castes and are
thrown into a vortex of severe social and economic exploitation.
3. That the sub-Committee of the Task Force constituted by the Planning
Commission in 1989 estimated that there were 72.05 lakhs dry latrines
in the country. These dry latrines have not only continued to exist till
date in several States but have increased to 96 lakhs and are still being
cleaned manually by scavengers belonging to the Scheduled Castes.
4. That the Government of India formulated a Scheme known as Low Cost
Sanitation for Liberation of Scavengers which is a centrally sponsored
Scheme being implemented in 1989-90 for elimination of manual
scavenging by converting existing dry latrines into low cost water pour
flush latrines and also for construction of new sanitary latrines.
5. That in the year 1993, the Parliament enacted the Employment of
Manual Scavengers and Construction of Dry Latrines (Prohibition) Act,
1993 and it received the assent of the President on 5th June, 1993. The
long title of the Act describes it as an Act to provide for the prohibition
of employment of manual scavengers as well as construction or
continuance of dry latrines and for the regulation of construction and
maintenance of water-seal latrines and for matters connected
therewith or incidental thereto.
6. The Act, which was enacted in June 1993, remained inoperative for
about 3½ years. It was finally brought into force in the year 1997. In
 the first instance, the Act applied to the States of Andhra Pradesh, Goa,
Karnataka, Maharashtra, Tripura and West Bengal and to all the Union
Territories. It was expected that the remaining States would adopt the
Act subsequently by passing appropriate resolution under Article 252
of the Constitution. However, the 1993 Act was not being
implemented effectively and further noted that the estimated number
of dry latrines in the country is 96 lakhs and the estimated number of
manual scavengers identified is 5,77,228. It further noted that manual
scavengers were being employed in the military engineering works,
the army, public sector undertakings, Indian Railways etc.
7. In December, 2003 the Safai Karamchari Andolan along with six other
civil society organizations as well as seven individuals belonging to the
community of manual scavengers filed the present writ petition under
Article 32 of the Constitution on the ground that the continuation of
the practice of manual scavenging as well as of dry latrines is illegal
and unconstitutional since it violates the fundamental rights
guaranteed under Articles 14, 17, 21 and 23 of the Constitution of India
and the 1993 Act.

GROUNDS:
1. Because Manual scavenging remains a dominant practice across India,
despite the passage of The Employment of Manual Scavenging and
construction of Dry latrines (Prohibition) Act 1993.
2. That the present petition under Article 226 of the Constitution of India is
the appropriate remedy, and no other equally efficacious remedy is
available to the petitioner given the far reaching public interest.
 PRAYER
The petitioners, therefore, pray that this Hon’ble Court may be in the
interest of justice
1. Declare continuance of the practice of manual scavenging and the
operation of Dry Latrines violative of Articles 14, 17, 21 and 23 of the
Constitution and the 1993 Act;
2. Direct the respondents to adopt and implement the Act and to
formulate detailed plans, on time bound basis, for complete eradication
of practice of manual scavenging and rehabilitation of persons engaged
in such practice;
3. to direct Union of India and State Governments to issue necessary
directives to various Municipal Corporations, Municipalities and Nagar
Panchayats (all local bodies) to strictly implement the provisions of the
Act and initiate prosecution against the violators; and
4. to file periodical Compliance Reports pursuant to various directions
issued by this Court.
5. Giving jobs to manual scavengers whose income is dependent on this
job.
6. Pass any other and further orders as this Hon’ble court may deem fit
and proper under the facts and circumstances of this case.

PETITIONERS IN PERSON: XXX NGO & ORS.

 IN THE HIGH COURT OF DELHI AT NEW DELHI
CIVIL WRIT JURISDICTION
WRIT PETITION(CIVIL) NO. OF 2018
AND
IN THE MATTER OF A PUBLIC INTEREST LITIGATION

IN THE MATTER OF:

XXX NGO & ors. PETITIONER
Vs

Union of India & ors. RESPONDENTS

AFFIDAVIT

I, xxxx, s/o of xxxx aged about xxxx years, r/o AB 14 Pandora Road, New
Delhi,110003 do hereby solemnly affirm and declare as under:

1. That I am the Petitioner/Pairokar of the Petitioner in the said Writ

Petition and am fully conversant with the facts and circumstances of
the case and am competent and authorised to swear this affidavit.

2. That I have gone through the accompanying Writ Petition under Article
226 of the Constitution of India, which has been drafted under my
instructions, and I say that the contents of the same are true and
correct to the best of my knowledge as derived from the official
records of the case.

3. That I have not filled any other such similar Writ Petition earlier before
this Hon’ble Court or any Court or the Hon’ble Supreme Court of India.

DEPONENT
VERIFICATION
Verified at New Delhi on this __day of __ 2018 that the contents of the
above affidavit are true and correct to the best of my knowledge and
belief. No material has been concealed therefrom.

DEPONENT